4wy %mi^f<M 




OHIO 



SCHOOL LAWS 



IN FORCE APRIL 16, 1906. 



5^ 

% — ■ 



^ 



BLANK FORMS AND DIRECTIONS TO SERVE AS 
A GUIDE FOR SCHOOL OFFICERS. 



Columbus, Ohio: 

F. J. Heer, State Printer, 

1906. 



By transfer 
APR 13 1909 



PREFACE. 

The present edition of the Ohio School Laws is issued in accordance 
with Section 360 of the Revised Statutes of Ohio. 

This section authorizes the state commissioner of common schools 
to have printed as many copies of the laws as are necessary, with an 
appendix of appropriate forms and instructions for carrying into execu- 
tion all such laws, and to have the same distributed to each county, for 
the use of the school officers therein, as often as any change in the laws 
is made of sufficient importance, in the opinion of the commissioner, to 
require a republication and distribution thereof. 

What is known as the "new code" was adopted April 25, 1904. 
This made a radical change in the school laws of the state. As soon as 
possible thereafter my predecessor in the department caused an edition 
of twenty thousand copies to be printed without note or comment for 
immediate distribution throughout the state. 

Under the new code new boards of education were elected in Novem- 
ber, 1904, and the old boards were continued until the following January. 
As members of both boards and many others desired copies of the new 
laws the supply was soon exhausted. For many months we have been 
obliged to refuse all requests in this direction. 

In the present issue a revision of the court decisions, citations, and 
notes contained in previous editions has been made and such as are 
applicable at the present time have been retained. Such other notes and 
suggestions have been added as it was thought would render the volume 
more serviceable. 

It is sent forth with the hope that it wiM be found helpful to school 
officers, teachers and all others whose duty it is to become familiar 
with the school laws of our state. 

Edmund A. Jones, 
State Commissioner of Common Schools. 

July 12, 1906. 

(3) 



CONSTITUTION OF OHIO 

RELATING TO 

PUBLIC SCHOOLS. 



ARTICLE I. 



Sec. 7. [Of the rights of conscience; necessity of religion and 
knowledge.] * * * Religion, morality and knowledge, however, 
being essential to good government, it shall be the duty of the general 
assembly to pass suitable laws to protect every religious denomination 
in the peaceable enjoyment of its own mode of public worship, and to 
encourage schools and the means of instruction. 

"The system of public education in Ohio is the creature of the Constitution and statutory 
laws of the state. It is left to the discretion of the general assembly, in the exercise of the 
general legislative power conferred upon it (Art. II, § 1) , to determine what laws are 'suitable' 
to secure the organization and management of the contemplated system of common schools, with- 
out express restriction, except that "'no religious or other sect or sects shall ever have any 
exclusive right to, or control of, any part of the school funds of this state.' " 21 O. S., 198- 
205; Day, J. 

The compulsory education law comes within this section. 5 C. C, 645. 



ARTICLE II. 

Sec. 26. [What laws to have uniform operation.] All laws of a 
general nature, shall have a uniform operation throughout the state ; 
nor, shall any act, except such as relates to public schools, be passed, 
to take effect upon the approval of any other authority than the gen- 
eral assembly, except, as othere /ise provided in this Constitution. 

ARTICLE VI. 

Sec. 1. [Funds for educational and religious purposes.] The 

principal of all funds, arising from the sale, or other disposition of 
lands, or other property, granted or intrusted to this state for educa- 
tional and religous purposes, shall forever be preserved inviolate 
and undiminshed ; and, the income arising therefrom, shall be faith- 
fully applied to the specific objects of the original grant, or appro- 
priations. 

Sec. 2. [School funds.] The general assembly shall make such 
provisions, by taxation, or otherwise, as, with the income arising from 
the school trust fund, will secure a thorough and efficient system of 

(5) 



O CONSTITUTION OF OHIO. 

common schools throughout the state ; but no religious or other sect, 
or sects, shall ever have any exclusive right to, or control of, any part 
of the school funds of this state. 

Religious instruction, or the reading of the Bible in the public schools, is not required 
by the Constitution. The board of education have the sole management of the schools, and 
the courts cannot direct what instruction shall be given or what books read. 23 O. S., 211. 

A requirement of a board of education that the Bible be read in the schools as an open- 
ing exercise cannot be interfered with by the courts, and is not in violation of any con- 
stitutional rights. 1 N. P., 140. 

It is an unlawful diversion of the school funds of the state of Ohio for a board of educa- 
tion to authorize the teaching of religion as a regular branch of study. Attorney General. 



ARTICLE XII. 

Sec. 2. [Taxation by uniform rule.] Laws shall be passed, by 
taxing by a uniform rule, all moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherwise ; and also all real and per- 
sonal property, according to its true value in money ; but burying 
grounds, public school houses, houses used exclusively for public wor- 
ship, institutions of purely public charity, public property used exclusively 
for any public purpose, and personal property, to an amount not ex- 
ceeding in value two hundred dollars, for each individual, may, by 
general laws, be exempted from taxation ; but all such laws shall be 
subject to alteration or repeal; and the value of all property, so exempted, 
shall, from time to time, be ascertained and published, as may be di- 
rected by law. 

School property is not liable to assessment for street improvement; nor can a judgment 
be rendsred against the board of education for the payment of the assessment out of its con- 
tingent fund. 48 O. S., S3. 

Sidewalk — School property not assessable for. 48 O. S., 87. 



INTERPRETATION OF STATUTES. 



INTERPRETATION OF STATUTES. 



Sec. 23. R. S. [Interpretation of certain words.] In the inter- 
pretation of Parts First and Second, unless the context shows that an- 
other sense was intended, the word "bond" includes an "undertaking," 
and the word "undertaking" includes a "bond" ; "and" may be read 
"or," and "or" read "and," if the sense requires it; words of the present 
include a future tense, in the masculine, include the feminine and neuter 
genders, and in the plural include the singular and in the singular 
include the plural number ; but this enumeration shall not be construed 
to require a strict construction of other words in said Parts, or in 
this Code. 

A construction which gives effect to every section and clause must 
be favored. 1 O., 381, 385; 2 0., 395, 398; 17 O. S., 52, 68; 3 O., 
187, 193; 5 O., 48, 51; 2 O. S., 147, 151. 

"A statute should be so construed, that the several parts will not 
only accord with the general intent of the legislature, but also harmonize 
with each other ; and a construction of a particular clause, that will 
destroy or render useless any other provision of the same statute, can 
not be correct.'' 3 O., 187, 193; 2 O., 395, 398; 5 O., 48, 51. 

What is plainly implied in a statute is as much a part of it as what 
is expressed. 50 O. S., 330. 

The ordinary and natural import of words consistent with the 
common sense of the community is to be adopted in arriving at legis- 
lative intent. 5 O., 65, 71 ; 25 O. S., 26, 28. 

In considering questions arising under the school legislation of the 
state, such construction should be placed upon its various enactments, 
and the several provisions thereof, as will give harmony to our edu- 
cational system, and secure, as far as practicable, its equal benefits, 
and the reasonable facilities for their enjoyment to every locality. 21 
O. S., 339- 

Penal statutes must be construed strictly, and cannot be extended 
by implication to cases not strictly within their terms. 20 O., 7;>i8 
O., 11 ; 38 O. S., 659; 44 O. S., 347- 

While the opinion of the state commissioner of common schools 
cannot have the force of a judicial interpretation, it is of great force 
as the opinion of an eminent educator, who was at the head of the 
school system of the state, and presumably familiar with the necessities 
of the schools. 2 C. C, 366 ; Stewart, J. 



REVISED STATUTES OF OHIO. 



PART FIRST— TITLE III. 



CHAPTER XIII. 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Section. 

354. State commissioner of common schools; 
election and term of; proviso. 
Bond. 

His office; books and papers; prohibi- 
tions. 
His duties to teachers' institutes, etc. 
His supervision over school funds and 

school officers. 
Shall prepare and transmit forms and in- 
structions. 



355. 
356. 



357. 
358. 



359. 



Section. 

360. Shall cause school laws, with forms, etc., 
to be printed and distributed. 

Annual report of commissioner of schools. 

What the report shall contain. 

Shall require reports from private schools, 
etc. 

His duty on complaint of fraudulent use 
of money; appointment of examiner. 

Powers, duties, and compensation of ex- 
aminer. 

Duty of judge and prosecuting attorney. 



361. 
362. 
363. 

364. 

365. 

366. 



Sec. 354. [State commissioner of common schools; election and 
term of; proviso.] There shall be elected, biennially, at the general 
election of state officers, a state commissioner of common schools, who 
shall hold his office for the term of two years from the second Mon- 
day of July succeeding his election ; and in case of a vacancy occurring 
by death, resignation or otherwise, the governor shall fill the same by 
appointment. (98 v. 272; 1884, March 27; 81 v. 89; Rev. Stat. 1880; 
70 v. 195, §102; S. & C, 1362.) 

Appointment of state board of examiners by the state commissioner of common schools; 
see Sec. 4065. 

Sec. 355. [His official bond, and oath.] Before entering upon 
the discharge of his official duties, the commissioner shall give bond 
in the sum of five thousand dollars to' the state, with two or more 
sureties, to the acceptance of the secretary of state, conditioned that 
he will truly account for and apply all moneys or other property which 
may come into his hands in his official capacity, and that he will faith- 
fully perfom the duties enjoined upon him according to law; which 
bond, with his oath of office indorsed thereon, shall be filed with the 
treasurer of state. (70 v. 195, § 103; S. & C. 1362.) 

Bond of officers, see Sec. 7, R. S. 

Sec. 356. [Office; books and papers; prohibitions.] The books 
and papers of his department shall be kept at the seat of government 
where a suitable office shall be furnished by the state, at which he 
shall give attendance not less than ten months in each year, except 

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10 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 

when absent on public duty ; and he shall not, while holding- the office 
of state commissioner of common schools, perform the duties of teacher 
or superintendent of any public or private school, or be employed as 
teacher in any college, or hold any other office or position of emolu- 
ment. (90 v. 13; 70 v. 195, § 104; S. & C, 1362.) 

Sec. 357. [His duties in visiting the several judicial districts ] 
The commissioner shall visit annually, each judicial district of the stat \ 
superintending and encouraging teachers' institutes, conferring with boards 
of education or other school officers, counseling teachers, visiting schools 
and delivering lectures on topics calculated to subserve the interests 
of popular education. (70 v. 195, § 105; S. & C, 1362.) 

Sec. 358. [His supervision over school funds ; may require reports 
from certain officers.] He shall also exercise such supervision over 
the educational funds of the state as is necessary to secure their safety 
and right application and distribution according to law. He has power 
to require of county auditors, boards of education, clerks and treasurers 
of boards of education, or other local school officers, and county treas- 
urers, copies of all reports by them required to be made, and all such 
other information in relation to the funds and condition of schools 
and the management thereof as he deems important. (70 v. 195, § 106; 
S. & C, 1362.) 

Sec. 359. [Shall prepare forms, etc.] He shall prescribe suitable 
forms and regulations for making all reports and conducting all neces- 
sary proceedings under the school laws, and cause the same, with such 
instructions as he deems necessary and proper for the organization 
and government of schools, to be transmitted to the local school officers, 
who shall be governed in accordance therewith. (70 v. 195, § 107; 
S.&C, 1363.) 

Sec. 360. [Duties as to distribution of school laws, etc.] He 
shall cause as many copies of the laws as are necessary, relating to 
schools and teachers' institutes, with an appendix of appropriate forma 
and instructions for carrying into execution all such laws, to be printed 
in a separate volume, and distributed to each county with the laws, 
journals, and other documents, for the use of the school officers therein, 
as often as any change in the laws is made of sufficient importance, in 
the opinion of the commissioner, to require a republication and dis- 
tribution thereof. (70 v. 195, § 108; S. & C, 1363.) 

As to the force and effect of instructions printed in a book prepared in pursuance of 
this section; see 2 C. C, 366. 

Sec. 361. [Annual report of commissioner of schools.] He shall 
make an annual report, on or before the fifteenth day of November, to 
the general assembly, when the body is in session, and when not in 



OHIO SCHOOL LAWS. 



11 



State Commissioner of Common Schools. Ch 13. 



session the report shall be made to the governor, who shall cause the 
same to be published, and shall also communicate a copy thereof to 
the general assembly at the beginning of the next session. (1888, Apr. 
Ii: 85 v. 192; Rev. Stat. 1880; 70 v. 195, § 109; S. & C, 1363.) 

Provisions for printing report; see Sec. 63, R. S. 

Sec. 362. [What it shall present.] In his annual report he shall 
present a statement of the condition and amount of all funds and property 
appropriated to purposes of education; a statement of the number of 
common schools in the state, the number of scholars attending such 
schools, their sex, and the branches taught; a statement of the number 
of private or select schools in the state, so far as the same can be 
ascertained, and the number of scholars attending such schools, their 
sex, and the branches taught; a statement of the number of teachers' 
institutes, and the number of teachers attending them, and the number 
of instructors and lecturers, and the amount paid to each ; a statement 
of the estimates and accounts of the expenditures of the public school 
funds of every description; a statement of plans for the manage- 
ment and improvement of common schools, and such other information 
relative to the educational interests of the state as he deems of import- 
ance. (70 v. 195, § no; S. & C, 1363:) 

As to the duty of county auditors in transmitting abstracts of school statistics to state com- 
missioner of common schools; see Sec. 4060. 

Sec. 363. [Shall require reports from private schools, etc.] He 
shall, annually, require of the president, manager, or principal of every 
seminary, academy, and private school, a report of such facts, arranged 
in such form as he prescribes, and shall furnish blanks for such reports ; 
and it is made the duty of every president, manager, or principal, 
to fill up and return such blanks within the time the- commissioner directs. 
(73 v. ^25, § 1.) 

Sec. 364. [Duties of commissioner on complaint of fraudulent use 
of money, etc.; appointment of accountant to investigate charges.] 
When a complaint is made to the state commissioner of common schools, 
in writing, verified by the affidavits of at least three freeholders and 
taxpayers, resident of any school district in the state, and bearing the 
certificate of the auditor or auditors of the respective county, or counties, 
in which said district is located, that said affiants are freeholders and 
taxpayers, alleging that they have good reason to and do believe that 
any portion of the school fund of such district has been expended, or is 
being expended, contrary to law, or has been fraudulently, unlawfully, 
or corruptly used, or misapplied, by any of the officers of such district, 
or that there have been fraudulent entries in the books, accounts, vouchers, 
or settlement sheets thereof, by any such officers, or that any such officers 



12 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 

have not made settlements of their account as required by law, or when- 
ever from information filed in his office, or from other cause, the state 
commissioner of common schools may deem it necessary for the safety 
and security of the public funds of any school district, situated in the 
state of Ohio, he is authorized and required to appoint some trustworthy 
and competent accountant, for the purpose of investigating such com- 
plaint, or allegations, who after being duly commissioned by said state 
commissioner of common schools and sworn by any person authorized by 
law to administer oaths, shall forthwith visit such school district and 
take possession of all the books, papers, vouchers and accounts of such 
district and investigate the truth of the allegations of such complaint, 
and the condition of the school fund of such district ; and the several 
officers of such school district, on the application of such examiner, shall 
immediately place in his possession all their books, accounts, contracts, 
vouchers, and other papers having reference to the receipts and dis- 
bursements of the school funds ; and the county auditor and treasurer 
shall give such examiner free access to all the records, books, papers, 
vouchers, and accounts of their respective offices having reference to 
the object of such investigation, and said examiner is authorized, by 
and with the written consent of the prosecuting attorney, or the judge 
of the court of common pleas of the county in which such district is 
located, to require the assistance of the official stenographer of said 
county, in making such examination ; and said stenographer shall receive 
only such compensation and in the manner provided in section 478, Re- 
vised Statutes, upon the certificate of the prosecuting attorney of said- 
county. (94 v. 312; 72 v. 82, § 1.) 

Blanks are not furnished by the state commissioner for the purpose of this section; for 
forms, see Appendix. 

Sec. 365. [Powers and duties of examiner; his compensation; 
payment thereof.] Such examiner shall have authority to call before 
him forthwith, upon written notice, and examine witnesses, under oath, 
to be administered by him ; and he shall immediately after completing 
such investigation, report in writing, in duplicate, setting forth the con- 
dition of the books, vouchers, and accounts of such district, the amount 
of school funds received for any and all purposes, and from whatever 
source, the amount expended, and for what, and the amount actually 
in the treasury, one copy of which report he shall file in the office of the 
clerk of the court of common pleas of the county in which such district 
is situate, and the other copy he shall transmit to the state commissioner 
of common schools at Columbus ; and the examiner so appointed and 
performing the duties herein required, shall receive as compensation a per 
diem of five dollars for each day necessarily engaged in the performance 
of his duties, and shall also receive five cents for each mile by him neces- 



OHIO SCI UK)]. LAWS. I'd 

State Commissioner of Common Schools. Ch 13. 

sarily traveled in that behalf ; but no mileage shall be allowed for a 
greater distance than from Columbus to such district ; and such com- 
pensation and mileage shall be paid out of the county treasury upon the 
. warrant of the county auditor, and if the investigation establish the truth 
of any material allegation in such complaint, then such amount so paid 
shall be assessed by the county auditor upon the taxable property of the 
district, to be collected as other taxes are for the use of such county 
treasurer. (94 v. 313; 72 v. 82, § 2.) 

Sec. 366. [Adverse report of examiner to be given in charge to 
the grand jury ; duty of prosecuting attorney.] The judge of the court 
of common pleas of the proper county shall examine the report so filed 
in the clerk's office, as provided in section three hundred and sixty-five, 
and if it appear therefrom that any part of the common school fund has 
been fraudulently, unlawfully, or corruptly used or misapplied, or that 
there has been fraud in any of the entries, accounts, vouchers, contracts, 
or settlements, or that the settlements have not been made as required 
by law, or that there appears any defalcation or embezzlement on the 
part of any of the officers of such school district, he shall give the 
report specially in charge to the grand jury at the term of court of 
common pleas next after the filing of the same; and the prosecuting 
attorney of such county shall forthwith institute and carrv forward 
such proceedings, civil or criminal, or both, against the delinquent officer 
or officers of such district as is authorized by law. (72 v. 82, § 3.) 



PART SECOND — TITLE III. 



SCHOOLS. 

Chapter I. Classification and Change of Districts. 

Chapter 2. City School Districts. 

Chapter 3. Village School Districts. 

Chapter 4. Township School Districts. 

Chapter 5. Special School Districts. 

Chapter 6. School Funds. 

Chapter 7. Provisions Applying to all Boards. 

Chapter 8. School Houses and Libraries. 

Chapter 9. Schools and Attendance Enforced. 

Chapter 10. Enumeration, Treasurer, and Clerk. 

Chapter 11. Reports. 

Chapter 12. Boards of Examiners. 

Chapter 13. Teachers' Institutes. 

Chapter 13a. State Normal Schools. 

Chapter 14. Universities. 

Chapter 15. Schools Specially Endowed. 



(15) 



OHIO SCHOOL LAWS. 



17 



Classification and Change of Districts. 



Ch. 1. 



CHAPTER I. 



CLASSIFICATION AND CHANGE OF DISTRICTS. 



Section. 

3885. Classification of school districts. 

3886. City school districts. 

3887. Repealed. 

3888. Village school districts. 

3889. Change of classification in certain cases; 

terms of members of boards of edu- 
cation when classification is changed; 
village districts abolished by surrender 
of corporate power of municipality. 

3890. Township school districts. 

Classification of cities. See 9G v. 20. 



Section. 

3891. Special school districts. 

3892. Territory must be contiguous. 

3893. Annexation of territory to cities and 

villages. 

3894. Transfer of territory by agreement be- 

tween boards of education. 

3895. Transfer of territory by proceedings in 

probate court. 

3896. Division of funds and indebtedness when 

territory is transferred or annexed. 



Sec. 3885. [Classification of school districts.] The state is hereby 
divided into school districts to be styled respectively, city school dis- 
tricts ; village school districts ; township school districts ; and special 
school districts. (97 v. 335; 93 v. 165; 84 v. 184; Rev. Stat. 1880; 
70 v. 195, § 1.) 

Common school districts and boards of education are not corporations within the meaning 
of § 1, Art. XIII, of the Constitution. 38 O. S., 54. 

Special districts; see 46 O. S., 275, under Sec. 3891. 

Sec. 3886. [City school districts.] Each incorporated city, now 
existing or hereafter created, together with the territory attached to it 
for school purposes, and excluding the territory within its corporate 
limits detached for school purposes, shall constitute a city school district. 
(97 v. 335; 94 v. 125; 9.3 v. 165, 39; 85 v. 91; 84 v. 184; 81 v. 71; 
Rev. Stat. 1880; 70 v. 195, § 2.) 

Sec. 3887. Repealed. (97 v. 379.) 

Sec. 3888. [Village school districts.] Each incorporated village 
now existing or hereafter created, together with the territory attached 
to it for school purposes, and excluding the territory within its cor- 
porate limits detached for school purposes, and having in the district 
thus formed a total tax valuation of not less than one hundred thousand 
dollars shall constitute a village school district, provided that each incor- 
porated village now existing or hereafter created, together with the ter- 
ritory attached to it for school purposes and excluding the territory within 
its corporate limits detached for school purposes, with a tax valuation 
of less than ©ne hundred thousand dollars, shall not constitute a village 
school district ; provided at any general election the proposition to dis- 
solve or organize .stich village school district be submitted by the board 
of education to the electors of such village and be so determined bv ^v 
majority vote of such electors. (98 v. 217.; 97 v. 335*; 74 v. 140, § 4 
2 0. s. L. 



13 OHIO SCHOOL LAWS. 



Ch. 1. Classification and Change of Districts. 

The board of education of a township established a central or high school and located it 
in a sub-district. The territory comprised in the sub-district after the establishment of the 
central high school, and before the act of May 1, 1S73, was formed into an incorporated village; 
held, that the property of the central or high school and the management of the school did 
not, by virtue of said last mentioned act, pass to the board of education of the village. 41 Ok 
S., 680. 

Sec. 3889. [Change of classification in certain cases; terms of 
members of boards of education when classification is changed ; village 
districts abolished by surrender of corporate power of municipality.] 

When a village is advanced to a city, the village school district shall 
thereby become a city school district ; when a city is reduced to a village, 
the city school district shall thereby become a village school district. The 
members of the board of education in village school districts that are 
advanced to city school districts, and in city school districts that are 
reduced to village school districts, shall continue in office until succeeded 
by the members of the board of education of the new district, who shall 
be elected at the next succeeding annual election for school board mem- 
bers. Upon the creation and incorporation of a village the same shall 
thereby become a village school district as provided by section 3888 of 
the Revised Statutes of Ohio, and if such village was, previous to its 
creation and incorporation, included within the boundaries of a special 
school district, but said special district included more territory than is 
included within the village limits, said territory shall be, and thereby is, 
attached to said village school district for school purposes; when a village 
surrenders its corporate powers or. dissolves a village school district, 
as provided by section 3888 of the Revised Statutes of Ohio, the village 
school district shall be thereby abolished and the territory formerly 
constituting said village school district shall become a part of the town- 
ship school district or districts of the civil township or townships in 
which it is situated, and all school property shall pass to and become 
vested in the township board of education of the civil township in which 
it is situated; the provisions of section 1536-4 of the Revised Statutes 
of Ohio in regard to the settlement of the affairs of a village that has 
surrendered its corporate powers shall also apply to the village school 
district and the board of education of the same, and in case the village 
school district is situated in two or more townships any distribution of 
funds shall be made in proportion to the total tax valuation of the prop- 
erty situated in the several townships. (98 v. 217; 97 v. 336; 70 v. 

195, § 5-) 

Sec. 3890. [Township school districts.] Each civil township 
together with the territory attached to it for school purposes, and ex- 
cluding the territory within its established limits detached for school 
purposes, shall constitute a township school district. (97 v. 336; 70 v. 
195, § 7; S. & C, 1346.) 



OHIO SCHOOL LAWS. 19 



Classification and Change of Districts. Ch. 1. 

Sec. 3891. [Special school districts.] Any school district, now 
existing, other than a city, village or township school district, and any 
school district organized under the provisions of chapter 5 of this title, 
shall constitute a special school district. (97 v. 336; 70 v. 195, § 6.) 

The formation of a special school district from territory within the limits of a township, 
by special act, is in conflict with Sec. 26, Art. II, of the Constitution. 73 O. S., 54; 46 O. S., 
275; 38 O. S., 54. 

Sec. 3892. [Territory must be contiguous.] The territory in- 
cluded within the boundaries of any city, village or special school dis- 
trict shall be contiguous. (97 v. 336; 70 v. 195, § 8.) 

In regard to change in sub-districts; see Sec. 3921. 

A sub-district is not a school district within the meaning of the law. 

CHANGE OF DISTRICTS. 
Abandonment of special or village district; Sees. 3SSS and 3935. 

Sec. 3893. [Annexation of territory to cities and villages.] 

Whenever territory is annexed to a city or village, such territory thereby 
becomes a part of the city or village school district and the legal title 
to all school property in said territory shall be thereby vested in the 
board of education of such city or village school district. (97 v. 336; 
91 v. 307; 90. v. 126; 89 v. 68; 70 v. 195, § 40.) 

When territory which is a part of a special school district is annexed to a village which 
constituted another school district, such territory did not thereby become a part of the vil- 
lage school district — the directors of the special school district not having consented to such 
transfer under section 3893, or otherwise. 4 C. C, 72. 

Section 3893 cited in 10 C. C, 480. 

When territory is transferred from one district to another, the district to which the ter- 
ritory is attached is not entitled to a proportionate share of the school funds in the hands of 
the board of education or the county treasurer for the district from which it was detached, 
but is entitled to a share of the taxes levied but not collected. Attorney General. 

The territory included within a school district must be contiguous. 

Sec. 3894. [Transfer of territory by agreement between boards 
of education.] A part or the whole of any school district may be 
transferred to an adjoining school district by the mutual consent of 
the boards of education having control of such district ; to secure such 
consent it shall be necessary for each of said boards to pass a resolution 
indicating the action taken and definitely describing the territory to be 
transferred, and the passage of said resolution shall require a majority 
vote of the full membership of each board, to be taken by a yea and 
nay vote and the vote of each member to be entered on the records of 
such boards ; but such transfer shall not take effect until a map showing 
the boundaries of the territory transferred is placed upon the records 
of such boards, and copies of the resolution certified to the president and 
clerk of each board, together with a copy of said map, is filed with the 



20 OHIO SCHOOL LAWS. 



Ch. 1. Classification and Change of Districts. 

auditor or auditors of the county or counties in which such transferred 
territory is situated. (97 v. 336; 70 v. 195, § 155.) 

Sec. 3895. [Transfer of territory by proceedings in probate 
court.] Territory can also be transferred from one school district 
to another in the following manner : A petition signed by not less than 
one-half of the qualified male citizens who are electors residing in the 
territory sought to be transferred and accompanied by a correct map 
of said territory, shall be filed with the clerks of the boards of education 
interested and if such boards of education fail or refuse to transfer such 
territory by mutual consent, as provided for in section thirty-eight hun- 
dred and ninety-four of the Revised Statutes of Ohio, within sixty days 
after the filing of said petition and map, the petitioner shall file a copy 
of said petition and map in the probate court of the county in which 
such territory is situated, or if the territory be in two or more counties, 
in the probate court of the county containing the largest proportionate 
share of the territory to be transferred ; the petitions [petitioners] shall 
be required to give satisfactory security for the costs in the sum of one 
hundred dollars, conditioned that the sureties shall pay all the costs in 
case the transfer is not granted ; the probate judge shall thereupon fix 
a day for the hearing of said petition and shall cause to be published for 
four consecutive weeks, in two newspapers of opposite pontics, printed 
and of general circulation in the county, a notice of the filing of such 
petiV'on and of the time of the hearing, and he shall also notify the 
clerks of the boards of education interested of the filing of the petition 
and the time of hearing; the probate judge is authorized and empowered 
to hear and determine the case and give judgment for or against such 
transfer and his judgment shall be final. In case the finding is against 
the transfer, judgment shall be rendered against the petitioners for the 
costs of the proceedings, and if the finding is for the transfer, judgment 
shall be rendered against each of the boards of education interested for 
one-half cf the costs, or if more than two boards are interested judgment 
shall be rendered against each for its equal propoi tionate share of the 
costs. A certified copy of the findings of the court, together with a 
copy of the map of the territory transferred, shall be filed in the office 
of the county auditor by the probate judge. (97 v. 337 ; 70 v. 195, § 156.) 

Sec. 3896. [Division of funds and indebtedness when territory 
is transferred or annexed.] When territory is transferred from one 
school district to another under the provisions of section 3894 of the 
Revised Statutes of Ohio, the equitable division of funds or indebtedness 
shall be determined upon at the time of the transfer. When territory 
is transferred from one school district to another by proceedings in the 
probate eourt, or by the annexation of territory to a city or vil-lage, the 
proper division of funds in the treasury, or in the process of collection, 



OHIO SCHOOL LAWS. 'Jl 



Classification and Change of Districts. Ch. 1. 

of the board of education of the school district from which the territory 
is detached, shall, upon application to the probate court of the county 
in which such territory is situated by either board of education interested, 
be determined and ordered by said court ; in case said board of education 
is indebted, such indebtedness together with the proper amount of money 
to be paid to said board of education by the board of education of the 
school district to which the territory is transferred, annexed, or the dis- 
trict created, shall be, in like manner, determined and ordered by said 
court. If the territory is situated in two or more counties the applica- 
tion and proceedings shall be had in the probate court of the county con- 
taining the largest proportionate share of said transferred territory. The 
findings of the probate court shall be final. (97 v. 337; 70 v. 195, § 157.) 



22 



OHIO SCHOOL LAWS. 



Ch. 2. 



City School Districts. 



CHAPTER II. 



CITY SCHOOL DISTRICTS. 



Section. 

3897. Boards of education in city districts; 
number of members; existing boards 
to fix number of members and di- 
vide city into sub-districts; re-dis- 
tricting; when board fails to divide 
into districts; first election, how 
conducted; elections held there- 
after; change in membership of 
board. 

Organization; meetings; president; 
clerk; nomination by petition. 

Trustees of school teachers' pension 
fund; number, election and term. 

How fund created. 

Retirement and pension of teachers; 
meaning of term "teacher"; amount 
of pension ; who not entitled to 
pension; how, when fund insuffi- 
cient to pay pensions. 

Use of principal and income. 

Monthly certifications of deductions 
from salaries. 



3897&. 



3897c. 
3897d. 



3897c. 



3897/. 



3S97k. 
3897/. 



3899. 
3900. 
3901. 



3902. 
3903. 



Who custodian of fund; duties. 

Rebate in case of resignation or re- 
moval-; heirs; legatees or assigns 
of deceased teacher entitled to half 
amount paid. 

Rules and regulations. 
Transfer of fund now existing to 
trustees herein created. 

Deductions. 

Board of education shall contribute to 
pension fund. 

Attached territory, assignment of and 
voting in. 

Repealed. 

Re-districting of city districts. 

Schools for deaf children in city dis- 
tricts. 

An act to provide for schools for deaf 
in any school district. 

Repealed. 

Repealed. . 



Sec. 3897. [Boards of education in city districts; number of 
members.] In city school districts the board of education shall 
consist of not less than two members nor more than seven members 
elected at large, by the qualified electors of the school district, and of 
not less than two members nor more than thirty members elected from 
sub-districts by the qualified electors of their respective sub-districts ; pro- 
vided that in city school districts which at the last preceding federal cen- 
sus contained a population of less than fifty thousand persons, the board 
of education shall consist of not less than three members nor more than 
seven members elected at large, by the qualified electors of such city- 
school districts. 

[Existing boards to fix number of members and divide city into 
sub-districts.] Not later than the first day of July next, after the 
passage of this act, the present city school board, board of education, 
school council or other city school legislative body, shall pass a reso- 
lution fixing, within the limits prescribed by this act, the number of 
members of said board of education to be elected at large, and in city 
school districts where there are members of the board of education to 
be elected from sub-districts, they shall also, at the same time, fix the 
number of members of the board of education to be elected by such city 
sub-districts. The said city school board, board of education, school 
council or other city school legislative body, in city school districts 
where there are members of the board of education to be elected from 
sub-districts, shall, at the same time, to-wit: Before the first day of 



OHIO SCHOOL LAWS. 23 



City School Districts. Ch. 2. 



July next, after the passage of this act, subdivide said city school dis- 
trict into sub-districts equal in number to the number of members of 
the board of education in said city school district who are to be elected 
from sub-districts therein established. Said sub-districts shall be bounded 
as far as is practicable by corporation lines, streets, alleys, avenues, 
public grounds, canals, water courses, ward boundaries, voting precinct 
boundaries or present school district boundaries, and shall be as nearly 
equal in population as possible, and shall be composed of adjacent and 
as compact territory as possible. The lines of sub-districts so fixed shall 
not be changed until after each succeeding federal census. 

[Redistricting.] Within three months after the official announce- 
ment of the result of each succeeding federal census the board of edu- 
cation of each city school district shall redistrict the said city school 
district into sub-districts in accordance with the provisions of this act. 

[When board fails to divide into districts.] If the city school 
board of education, school council, or other city school legislative body 
shall fail to district or redistrict said city school district as herein re- 
quired, at the time or times herein specified, then and in that event, upon 
the application of the president of the board of education the state 
commissioner of common schools shall, subject to the requirements of 
this act, forthwith district, or re-district said city school districts. 

[First election; how conducted.] Provided also, that school sub- 
districts ■ shall be numbered from one up, consecutively, and that at 
the first election for members of the board of education held after the 
passage of this act, the members to be elected to the board of education 
from sub-districts of odd numbers beginning with one, shall be elected 
for two years, and those elected from sub-districts of even numbers 
shall be elected for four years, and at the expiration of their respective 
terms their successors shall be elected for a term of four years ; and 
provided further, that at the said first election the members of the 
board of education at large in all city school districts shall be elected 
for terms as follows : If there be but two members of the board of 
education elected at large, one shall be elected for two years and one for 
four years, and if there be more than two, and the number thereof divisible 
by two, the one-half of such board shall be elected for two years and 
one-half for four years but if the whole number of members elected at 
large be not divisible by two, then the number to be elected for two years 
shall be the quotient obtained by dividing the whole number to be elected 
at large, less one, by two, and the remaining members shall be elected 
for four years. 

[Elections held thereafter; change in membership of board.] 
At the expiration of their respective terms their successors shall 'be 
elected for four vears. Members elected at larsre must be electors of. 



24 OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



the city school district, and members elected from sub-districts must 
be electors of the city sub-districts from which they are chosen, or of 
the territory attached to the sub-district for school purposes ; a removal 
from said sub-district, territory or city school district shall vacate 
said office. The number of members of the board of education shall 
not be changed, except at the time of the redistricting herein provided 
for, within three months after the official announcement of the result of 
the federal census. All members of boards of education of city school 
districts, herein provided for shall be elected at the same time and in 
the same manner as municipal officers are elected. (97 v. 338; 92 v. 
149; 91 v. 289; 84 v. 184; 82 v. 7; "j^ v. 80; Rev. Stat. 1880; 70 v. 
195, §§ 9, 10.) 

Sec. 38970*^ [Organization; meetings; president; clerk; nomina- 
tion by petition.] Boards of education in city school districts shall 
organize on the first Monday in January after the election held for 
members of the board of education by the election of one of their mem- 
bers as president and the election of a clerk, who may or may not be 
a member of the board, the president to be elected for one year and 
the clerk to be elected for a term not to exceed two years ; they shall 
fix the time of holding regular meetings. Upon the organization ol 
the first boards of education elected under this act, the previously existing 
boards of education are thereby abolished and said newly elected boards 
shall be their successors in all respects. Not less than fifteen days 
before the election of members of boards of education, nominations 
of candidates therefor may be made by nomination papers, signed 
in the aggregate for each candidate by not less than twenty-five qualified 
electors of either sex of the school district, except that in city school 
districts such nomination papers shall be signed by petitioners not less 
in number than one for every one hundred persons who voted at the 
next preceding general election in such city ; and whenever each of 
such candidates shall be so nominated and his or their names shall be 
presented to the county board of deputy state supervisors of elections of 
the county in which said district is situated not less than fifteen days 
prior to the ensuing election, the said board of deputy state supervisors 
of elections shall publish on two different days prior to such election the 
names of such candidates in two newspapers of opposite politics in the 
school district, if there be such printed and published therein, or, if no 
newspaper is printed therein, by posting such list of names in at least five 
public places in the school district. (97 v. 340; 94 v. 305; 92 v. 149.) 

Sec. 38976. [Trustees of school-teachers' pension fund; number, 
election and term.] Whenever the board of education of any school 
district shall declare by resolution, adopted by a majority vote of the 
members of said board, that it is advisable to create a school-teachers' 



OHIO SCHOOL LAWS. 2) 



City School Districts. Ch. 2. 



pension fund for such school district, said school-teachers' pension fund 
shall he under the charge, management and control of a board to be 
known as the board of trustees of the school-teachers' [pension fund 
for such school] district, which board shall be composed of not less 
than three, nor more than seven, members, as said board of education 
shall by resolution declare ; if composed of less than five members, 
one of the members of said board of trustees of the school-teachers' 
pension fund of such school district shall be elected by the board of 
education of such school district, and the remaining members by the 
teachers of the public schools, including the teachers of any high 
schools of such district, who have accepted the provisions of this act, 
as hereinafter provided ; if such board is to be composed of five or 
more members, two of the members of said board of trustees of said 
school district shall be elected by the board of education of such school 
district, and the remaining members by the teachers of the public schools, 
including the teachers of any high schools of such school district, who 
have accepted the provisions of this act, as herein provided ; such elec- 
tion of the members of said board by the teachers to be at a meeting 
called by the superintendent of schools of such school district, the first 
election to be at a meeting to be called by such superintendent when 
one-third of the teachers of the public schools of such school district 
shall have accepted the provisions of this act ; the members of said 
board of trustees of the school-teachers' pension fund shall be elected 
for such length of time as the board of education of such school dis- 
trict shall by resolution declare, to serve not less than one, nor more 
than three, years, and shall serve until their successors are elected and 
qualified, such service to be without compensation. (92 v. 149; 94 v. 
306; 95 v. 610.) 

Sec. 3897c. [How fund created.] Whenever the board of edu- 
cation of any school district shall have declared the advisability of 
creating a school-teachers' pension fund, as herein provided, the clerk 
of said board of education shall notify each and every teacher in tha 
public schools and high schools, if any, of said school district, by 
notice in writing of the passage of such resolution, and require said 
teachers to notify said board of education in writing within thirty 
days from the date of said notice whether they consent or decline to 
accept the provisions of this act ; and from and after the election of 
the board of trustees herein provided for, the sum of two dollars ($2) 
shall be deducted by the proper officers from the monthly salary of 
each teacher who may have accepted the provisions of this act, and 
from the salary of such new teachers as may hereafter accept the 
same, as herein provided, said sum to be paid into and applied to the 
credit of said school-teachers' pension fund, and shall continue to so 



26 OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



deduct said sum during- the remainder of the term of service of said 
teacher. All teachers hereafter appointed in said public schools or 
high schools, if any, in said school district, shall be notified within thirty 
days after their appointement by the clerk of said board of education 
of the election of said board of trustees of said school-teachers' pension 
fund, and they shall be required to notify said board of education 
within six months thereafter whether they consent or decline to accept 
the provisions of this act. All moneys received from donations, lega- 
cies, gifts, bequests or from any other source shall also be paid into 
said fund, or into a permanent fund, and if paid into a permanent fund, 
the interest only of said fund shall be applied to the payment of pen- 
sions. Said board of trustees shall have power to invest said pension 
fund in the name of said board in bonds of the United States, or the 
state of Ohio, or of any county in this state, or of any municipal 
corporation in this state, or of any school district in this state ; and 
said board shall have power to make payments from said pension 
fund for pensions granted in pursuance of this act. Said board of 
trustees shall also have power from time to time to make and establish 
such rules and regulations for the administration of said pension fund 
as they shall deem best. (92 v. 152; 95 v. 610.) 

Sec. 38976?. [Retirement and pension of teachers; meaning of 
term "teacher"; amount of pension; who not entitled to pension; how, 
when fund insufficient to pay pensions.] Said board of education of 
said school district, and any union board, or other separate board, if 
any, having the control and management of the high schools of said 
school district, shall each of them have power by a majority vote of 
all the members composing said board to retire on account of physical 
or mental disability, any male or female teacher under such board who 
shall have taught for a period aggregating twenty (20) years, whether 
before or after, or partly before or after, the passage of this act ; pro- 
vided, however, that three-fifths of said period of service shall have 
been rendered by said beneficiary in the public schools or high schools 
of said school district, or in the public schools or high schools of the 
county in which said school district is located, and the remaining two- 
fifths of said period of service in the public schools of this state or 
elsewhere. 

The term "teacher" under this act, shall include all teachers regu- 
larly employed by either of said boards in the day schools, including 
the superintendent of schools, all superintendents of instruction, prin- 
cipals, and special teachers, and in the estimation of years of service 
only service in public day schools or day high schools, supported in 
whole or in part by public taxation, shall be considered. Any teacher 
shall have the right to retire and become a beneficiary under this act 



OHIO SCHOOL LAWS. 27 



City School Districts. Ch. 2. 



who shall have taught for a period aggregating thirty (30) years, 
whether before or after, or partly before or after, the passage of this 
act; provided, that three-fifths of said term of service shall 'have been 
rendered in the public schools or in the high schools of said school, 
district, or in the public schools or high schools of the county in which 
said district is located, and the remaining two-fifths of said term of 
service in the public schools of this state or elsewhere. Each teacher 
so retired or retiring shall be entitled during the remainder of his 
or her natural life to receive as pension, annually, the sum of ten 
dollars ($10) for each and every year of service rendered as teacher, 
but in no event shall such pension paid to any teacher exceed the sum 
of three hundred dollars ($300) in any one year, and said pensions 
shall be paid monthly during the school year ; but in no event shall 
such pension be paid to any teacher until such teacher shall contribute, 
or shall have contributed, to said fund a sum equal to twenty dollars 
($20) a year for each and every year of service rendered as teacher, 
but in no event shall this sum exceed six hundred dollars ($600) ; but 
should any teacher retiring be unable to pay the full amount of this 
sum before receiving a pension, the board of trustees shall, in paying 
the annual pension to such retiring teacher withhold on each month's 
payment twenty per cent, thereof, until the full amount as above pro- 
vided shall have been thus contributed to the fund ; provided further 
that if said pension fund shall at any time be insufficient to meet the 
pensions so provided for, that during the period that such fund is 
insufficient to make such payment, the amount in said fund during 
said period shall be prorated between the parties entitled thereto. (98 
v. 157; 94 v. 305; 92.V. 153.) 

Sec. 3897c [Use of principal and income.] Said board of trus- 
tees shall have the power to use both the principal and income of said 
fund for the payment of the premiums herein provided for, and the 
expense thereof, but this shall not apply to the principal of moneys 
received from donations, legacies, gifts, bequests, or other such sources. 
No portion of such pension fund shall, before its distribution and pay- 
ment by said board of trustees to the beneficiaries, be liable to be taken 
or subjected by any writ or legal process against the beneficiary. (98 
v. 158; 92 v. 154.) 

Sec. 3897^. [Monthly certifications of deductions from salaries.] 
The clerk of the board of education of said school district, and the clerk 
of the union board of high schools, or other separate board having the 
control and management of the high schools of said school district. 
if any, shall each of them certify monthly to said board of trustees 
all amounts deducted from the salaries of the teachers as aforesaid, 
which amounts, as well as all other moneys contributed to said fund, 



28 OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



shall be set apart as a special fund for the purposes herein specified, 
subject to the order of said board of trustees. All moneys belonging 
to said fund shall be paid only on the order of said board of trustees, 
entered upon its minutes on warrants signed by the president and 
secretary of said board. (92 v. 154; 95 v. 612.) 

Sec. 3897^-. [Who custodian of fund; duties.] The treasurer of 
said school district shall be the custodian of said pension fund, and shall 
keep the same subject to the order, control and direction of said board 
of trustees. He shall keep the books of accounts concerning said fund 
in such manner as may be prescribed by said board, which books of 
account shall always be subject to the inspection of said board of trus- 
tees or any member thereof. Said treasurer shall execute a bond to 
said board of trustees with good and sufficient sureties in such sum 
as said board of trustees shall require, which bond shall be subject 
to the approval of said board and be conditioned for the faithful per- 
formance of his duties as custodian of said board and treasurer of said 
board. He shall always keep and truly account for all moneys and 
profits coming into his hands as such treasurer belonging to such 
fund, and at the expiration of his term of office shall pay over, sur- 
render and deliver to his successor all securities, moneys and other - 
property of whatsoever kind, nature and description which may be in 
his hands or under his control as treasurer aforesaid. Said treasurer 
shall be paid for his services under this act as compensation not to 
exceed one per cent, annually of the amount paid into said fund during 
the year. (92 v. 154; 95 v. 612.) 

Sec. 3897 A. [Rebate in case of resignation or removal ; heirs, lega- 
tees or assigns of deceased teacher entitled to half amount paid.] Any 
teacher who shall resign or be removed for cause, as aforesaid, shall, 
upon application within three (3) months after such resignation or 
removal takes effect, be entitled to receive one-half of the total amount 
paid by such teacher into such fund. In case of the death of any 
teacher, the heirs, legatees or assigns of the deceased teacher shall be 
entitled to receive one-half of the total amount paid by such teacher 
into such fund upon application therefor, with proof of claim to the 
satisfaction of the board of trustees. (92 v. 154: 94 v. 308; 95 v. 613.) 

Sec. 3897?. [Rules and regulations.] The board of trustees shall 
make such rules and regulations as it may deem exnedient or necessary 
for its government ; which rules and regulations must be adopted, and 
when adopted, may be amended, by a vote of not less than two-thirds 
of all the members of said board of trustees. (94 v. 308; 95 v. 613.) 

Sec. 3897/. [Transfer of fund now existing to trustees herein creat- 
ed.] Upon the election and organization of a board of pension trustees 
under this act in any school district *of this state, any school-teachers' 



OHIO SCHOOL LAWS. 29 



City School Districts. Ch. 2. 



pension fund heretofore created for said district under any former 
act, shall be transferred to the board of trustees created under this 
act by the board or persons having control thereof ; and all beneficiaries 
now receiving pensions from the fund transferred as aforesaid, shall 
continue to receive pensions under this act. (95 v. 613.) 

Sec. 3897/.'. [Deductions.] The board of education in any school 
district which has created, or shall hereafter create, a teachers' pension 
fund, shall pay monthly into said teachers' fund all deductions from 
the salaries of teachers on account of tardiness or absence of such 
teachers. (98 v. 158; 97 v. 340.) 

Sec. 3897/. [Board of education shall contribute to pension fund.] 
The board of education in any school district which has created, or 
shall hereafter create, a teachers' pension fund, shall pay, semiannually, 
from the contingent fund of such school district into said teachers' 
pension fund, not less than one per cent, nor more than two per cent, 
of the gross receipts of said board of education raised by taxation, 
which shall be applied to the payment of teachers' pensions, as herein 
and hereinbefore provided. (98 v. 158; 97 v. 340.) 

Sec. 3898. [Attached territory, assignment of and voting in.] 
When territory is attached to a city school district for school pur- 
poses, it shall be the duty of the board of education to assign such 
territory to the sub-district or sub-districts adjoining the same, and 
a map showing such assignment shall be made a part of the record of 
the board ; the electors residing in said attached territory shall be 
entitled to vote for school officers and on all school questions in the 
sub-district to which they are assigned, and in the election precinct 
nearest their residence ; and in case the board fails to perform this 
duty, trie electors residing in said attached territory shall be entitled 
to vote in the sub-district and precinct nearest their residence. An 
elector residing in the city, but not in the city school district shal-l not 
be entitled to vote in said ciSy school district. (97 v. 340; 92 v. 424; 
91 v. 69; 84 v. 184, 185; 81 v. 71, J2; Rev. Stat. 1880; 70 v. 195, §11.) 

Sec. 3899. Repealed 89 v. 79. 

Sec. 3900. [Redistricting of city districts.] Tue redistricting of a 
city school district shall not affect the membership of the then ex- 
isting board of education in said city school district ; all the members, 
thereof shall continue to serve for the full term for which they were 
elceted, but after the expiration of said terms the ^election of members 
of the board of education from sub-districts shall be by the sub-dis- 
tricts as redistricted. (97 v. 341 ; 70 v. 195, §§ 10, 11.) 

Sec. 3901. [Schools for deaf children.] Boards of education of 
city school districts are authorized and empowerd to establish and main- 
tain, under their management and control one or more dav schools for 



30 OHIO SCHOOL LAWS. 



Ch. 2. City Schooi Districts. 



the education of the deaf youth of school age of the district, the ex- 
pense of conducting the same to be paid from the school funds of the 
district in the same manner and from the same funds as other school 
expenses are paid. (97 v. 341 ; 70 v. 195, § 13.) 

AN ACT 

Authorizing school district boards, boards of trustees of graded schools and boards 
of education in cities to establish and maintain day schools for the deaf, and 
authorizing payment therefor from the general fund. 

Be it enacted by the General Assembly of the State of Ohio-' 

Sec. 1. That upon application by a board of education of any 
school district of this state to the state commissioner of schools, he 
shall grant permission to such board of education, and such board of 
education shall thereupon be empowered to maintain within its limits 
one or more^ day schools, having an average attendance of not less 
than three pupils, for the instruction of deaf persons over the age 
of three, residents of the state of Ohio. 

Sec. 2. Such board of education, which shall maintain one or 
more day schools for the instruction of the deaf, shall report to the 
state commissioner of schools annually, and as often as such state 
commissioner shall direct, such facts concerning such school or schools 
as he may require. 

Sec. 3. The county auditor in each county is hereby authorized 
and directed to apportion and the county treasurer to pay out of the 
state common school fund received by such county, to the treasurer 
or other financial officer of such board of education, maintaining such 
school or schools for the instruction of the deaf, the sum of one hundred 
and fifty dollars for each deaf pupil, resident of such county, instructed 
in any such school for at least nine months during the school year and 
<i share of such sum proportionate to the term of instruction of any 
such pupil as shall be so instructed less than nine months during such 
year. If no school shall be maintained in any county, but persons residing 
in such county shall attend such school in another county, then the 
county treasurer of the county not maintaining such school shall ap- 
portion and pay to the financial officer of the board of education of 
such other county the amount above specified for each pupil attend- 
ing such school in such other county. 

Sec. 4. The sums provided in the next preceding section shall 
be paid by such county treasurer as soon as may be after the receipt 
by him of the state common school fund in each year, upon satisfac- 
tory proof being made to him by the president or clerk of such board 
of education maintaining such school, of the number of pupils in- 



OHIO SCHOOL LAWS. 31 



City School Districts. Ch. 2. 



structecl in such school or schools, and their residences, and the period 
of time such pupil shall have been so instructed in such school or 
schools for the preceding school year. 

Sec. 5. All teachers in such schools shall be appointed and em- 
ployed as other public school teachers are appointed and employed 
All persons appointed to teach in any such school shall have had 
special training for teaching, and shall also have had special training 
in the teaching of the deaf, including at least one year's experience 
as a teacher in a school for the deaf. The so-called "oral" system 
shall be taught by such teachers, and if after fair trial of nine months, 
any of such children shall; for any reason, be unable to learn such 
oral method, then no further expense shall be incurred in the effort 
to teach such child so unable to learn such oral method in such pri- 
mary schools. 

Sec. 6. For the purpose of this act, any person of sound mind, 
who, by reason of defective hearing, cannot profitably be educated in 
the public schools, as other children are, shall be considered deaf. 

Sec. 7. The state school commissioner shall select some compe- 
tent person to inspect all day schools organized under this act, or by 
other authority and shall cause an inspection to be made of said 
schools at least twice a year, and said persons so appointed shall make 
a written report to the state commissioner of common schools of the 
buildings in which said schools are being held, the method of instruc- 
tion and all other matters which may seem to be of interest and profit 
to the education of the children in said schools. (98 v. 219.) 

Sec. 3902. Repealed 97 v. 379. 

Sec. 3903. Repealed 97 v. 379. 



32 



OHIO SCHOOL LavVS. 



Ch. 3. 



Village School Districts. 



CHAPTER III. 



VILLAGE SCHOOL DISTRICTS. 



Section. 

3904. Repealed. 
39C5. Repealed. 
3906. Repealed. 
fa907. Repealed. 

3905. Board of education in village districts; 

membership; election and term. 
3909. Newly created village districts; elec- 
tion in. 



Section. 

3910. Voting in attached territory. 

3911. Organization; president; clerk; regular 

meetings. 

3912. Repealed. 

3913. Repealed. 

3914. Repealed. 



Sec. 3904. Repealed 97 v. 379. 

Sec. 3905. Repealed 97 v. 379. 

Sec. 3906. Repealed 97 v. 379. 

Sec. 3907. Repealed 97 v. 379. 

Sec. 3908. [Board of education in village districts; membership; 
election and term.] The board of education of village school districts 
shall consist of five members elected at large at the same time and 
in the same manner as municipal officers are elected, for the term of 
four years from the first Monday in January after their election or 
until their successors are elected and qualified. At the first municipal 
election held after the passage of this act there shall be a board of 
education elected in all village districts as provided for herein, two 
to serve for two years, and three to serve for four years, and at the 
municipal election held every second year thereafter, their successors 
shall be elected for the term of four years. Upon the organization 
of said boards, upon the succeeding first Monday in January after 
their election, the previously existing village boards of education shall 
be thereby abolished and the newly elected and organized board shall 
be their successors in all respects. (97 v. 341; 91 v. 121; 88 v. 494; 
75 v. 53, § 18.) 

Conduct of elections; see notes under Sees. 3909 and 3916. 

The inhabitants of the village school district and not those of the village itself can vote. 
4 C. C, 72. 75. 



Sec. 3909. [Newly created village districts; election in.] In all 

incorporated villages not now organized as school districts and in all 
villages hereafter created, there shall be a board of education elected 
as provided in section 3908 of the Revised Statutes of Ohio ; provided, 
however, that if said election be a special election held in a newly 
created village, the members elected shall serve for the terms as indi- 
cated in said section 3908, from the first Monday in January after the 
last preceding election for members of boards of education, and the 



OHIO SCHOOL LAWS. 33 

Village School Districts. Ch. 3. 

board shall organize on the second Monday after the special election. 
(97 v. 34i; 75 v. 53- § 19O 

McCrary on Elections, § 13!), says: "It must be conceded that time and place are of the 
substance of every election, while many provisions which appertain to the manner of conducting 
an election may be directory only. [Dickey v. Hulburt, 5 Cal., 343.] But it does not follow 
that due notice of time and place of holding an election is always essential to its validity. 
Whether it is so or not depends upon the question whether the want of due notice has resulted 
in depriving any portion of the electors of their rights." 13 N. Y., 350; 12 Mich., 508; see also 
Foster v. Scarf, 15 O. S., 532. 

The general rule in computation of time within which an act is to be done is to exclude 
the first day and include the last. 16 O. S., 208, 209. 

If an emergency should occur, making it necessary to change the place of holding the 
election after the regular notice has been given, and if such notice is given as would leave 
no excuse for not voting on account of the change, the election would not be invalidated by 
such change. 78 Illinois, 171. 

Sec. 3910. "[Voting in attached territory.] Electors residing in 
territory attached to a village school district for school purposes, 
shall be entitled to vote for school officers and on all school questions, 
at the regular voting place in the village to which such territory is 
attached, and should said village be divided into voting precincts, it 
shall be the duty of the board of education of such village school dis- 
trict to assign such territory to the adjoining precinct or precincts and 
to have a map prepared showing such assignment, said map to be. 
made a part of the records of the board, and the electors residing in 
such attached territory shall be entitled to vote in the precinct to which 
they are assigned, but in case no assignment of territory is made, the 
elector shall vote in the precinct nearest his residence. An elector 
residing in a village, but not in a village school district, shall not be 
entitled to vote in said village school district. (97 v. 341 ; 75 v. 53, 
§ 20.) 

Sec. 391 1. [Organization; president; clerk; regular meetings.] 
Boards of education of village school districts shall organize on the 
first Monday in January after the election of the board, by the election 
of one of their members president, and the election of a clerk who 
may or may not be a member of the board, the president to be elected 
for one year and the clerk to be elected for a term not to exceed two 
years ; and they shall fix the time of holding regular meetings. 97 v. 
342; 70 v. 195, § 21.) 

Sec. 3912. Repealed 97 v. 379. 

Sec. 3913. Repealed 97 v. 379. 

Sec. 3914. Repealed 97 v. 379. 




3 0. s. L. 



34 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township School Districts. 



CHAPTER IV. 



TOWNSHIP SCHOOL DISTRICTS. 



Section. 

3915. Boards of education in township dis- 

tricts; membership; election and 
term. 

3916. Attached territory; voting in. 

3917. Repealed. 

3918. Repealed. 

3919. Repealed. 

3920. Organization; president; clerk; regular 

meetings. 

3921. Sub-districts recognized. 

3921a. Director of sub-districts; election; 
term; duties. 



Section. 

3922. Centralization by suspension of one or 

more sub-district schools. 

3923. Joint sub-districts abolished. 

3924. Repealed. 

3925. Repealed. 

3926. Repealed. 

3927. Repealed. 
3927-1. Repealed. 

3927-2. Centralization, submission of question 
to vote. 
An act to provide for the support of 
■ normal schools. 



Sec. 3915. [Boards of education in township districts; member- 
ship ; election and term.] The board of education of township school 
districts shall consist of five members elected at large at 'the same time 
and in the same manner as the township officers are elected, for the 
term of four years from the first Monday in January after their election 
[or] until their successors are elected and qualified. At the first town- 
ship election held after the passage of this act, there shall be a board 
of education elected in all township districts as provided for herein, 
two to serve for two years, and three to serve for four years, and at 
the township election held every second year thereafter, their success- 
ors shall be elected for the term of four years. Upon the organization" 
of said boards, upon the succeeding first Monday in January after 
their election, the previously existing township boards of education 
shall be thereby abolished and the newly elected and organized boards 
shall be their successors in all respects. (97 v. 342 ; 89 v. 93 ; 70 v. 
195; § 26, 29; 70 v. 241; § 44; S. & C, 1350-) 

Quo warranto is the proper remedy to try a title to an office. 570 O. S., 371. 

As to serving until successor is elected. 7 C. C, 1, 4; aff'd 29 B., 396. 

When judges and clerks of election fail to sign pollbooks and tallysheets, to fill up 
blanks in the caption, or £o carry out the aggregate votes, such omissions and mistakes may 
be corrected upon the trial of a contest, by parol evidence, and when so corrected, the docu- 
ments, sustained by the parol proof, are competent evidence of the result of the election. 16 
O. S., 1S4. 

The evident intent of the law requires that when the polls are once opened, they should 
be kept open until the hour prescribed for finally closing; but the statute oh the conduct of 
elections, section 2929, is said to be directory, and if so, "a departure from its strict observance 
will not necessarily invalidate an election, where no fraud has been practiced and no sub- 
stantial right violated." 19 O. S.„ 25. 

The officers of an election board cannot, after dissolving the board and dispersing, re- 
turn and perform any official act regarding such election. When they have dispersed, they 
cease to be officers of the election — are fundi officio. 21 O. S., 216; 14 0. S., 315. 

Pollbooks duly certified and returned are prima facie evidence of the truth of their con- 
tents, but this presumption will be rebutted by proof that they are fraudulent and fictitious to 
such an extent as to render them wholly unreliable. 26 O. S.. 549. 



OHIO SCHOOL LAWS. 35 



Township School Districts. Ch. 4. 



Quo warranto will lie where no provision for a contest is made by law — as was the case 
in the election of school directors against the respondent, whom the board recognized, and the 
fact that the relator has received a certificate is not conclusive. 8 Rec, 432; 4 B., 10G5. 

A person voted for under the name of E. H. Smith, whose name is H. E. Smith, there 
being no such man as E. H. Smith, should have the votes counted, if the judges are satisfied 
that the person H. E. Smith was intended. II W. L. M., 589. 

In case a candidate receiving the highest number of votes at an election is ineligible, the 
next highest candidate is not elected. 13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117. 

McCrary on Elections, section 184: "The safe rule probably is that where an election 
board are found to have wilfully and deliberately committed a fraud, even though it affect a 
number of votes too small to change the result, it is sufficient to destroy all confidence in their 
official acts, and to put the party claiming anything under the election conducted by them, to 
the proof of his votes, by evidence, other than the returns." See Judkins v. Hill, 50 N. H., 
140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 Kan., 308." 

Receiving illegal or improper votes will not alone vitiate an election. It must be shown 
affirmatively, in order to overturn the declared result that the wrongful action changed it. 
Dillon on Municipal Corporations, 261. 

Sec. 3916. [Attached territory; voting in.] Electors residing in 
territory attached to a township school district for school purposes, 
shall be entitled to vote for school officers and on all school questions, 
at the regular voting place in the township to which such territory 
is attached, and should such township be divided into different voting 
precincts, it shall be the duty of the board of education of the town- 
ship district to assign such attached territory to the adjoining pre- 
cinct or precincts ; if territory is attached to more than one precinct, 
a map shall be prepared showing such assignment and said map shall 
be made a part of the records of the board of education, and electors 
shall be entitled to vote according to such assignment, but in case no 
assignment of territory is made, the electors shall vote in the precinct 
nearest to their residence. An elector residing in the township, but 
not in the township school district, shall not be entitled to vote in said 
township school district. (97 v. 342; 93 v. 45; 89 v. 93; 75 v. 81, 
§ 27; S. & C, 1347.) 

Vacancies in office of sub-director; see Sec. 3921a. 

When the legislature has fixed by law the time for holding an election of officers, art 
election at any other time, unless provided for by law, is unauthorized and void. 20 O. S., 167. 

When candidates for different terms are running for the office of member of the board 
of education, the term each is to serve should be designated on the ballots and such designation 
cannot be disregarded by the judges of election. 20 O. S., 336. 

Sec. 3917. Repealed 97 v. 379. 

Sec. 3918. Repealed 97 v. 379. 

Sec. 3919. Repealed 90 v. 76. 

Sec. 3920. [Organization; president; clerk; regular meetings.] 

Boards of education of township school districts shall organize on the 
first Monday in January after the election of the board, by the elec- 
tion of one of their members president and the election of a clerk who 
may or may not be a member of the board, the president to be elected 
for one year and the clerk to be elected for a term not to exceed two 



36 OHIO SCHOOL LAWS. 



Ch. 4. Township School Districts. 

years ; and they shall fix the time of holding regular meetings. (97 
v. 342; 93 v. 46; 89 v. 93; 86 v. 346; Rev. Stat. 1880; 70 v. 195, § 31.) 

When the statute requires a particular kind of notice, no other notice can be substituted 
and satisfy the terms of the statute; a notice sent by mail does not comply with the provi- 
sions of this section. Attorney General. 

Teachers can be elected at special meetings. 

The adjourned meetings of a regular session are regular meetings. 

Sec. 3921. [Sub-districts recognized.] The division of township 
school districts into sub-districts as they exist at the time of the pas- 
sage of this act, shall continue and be recognized for the purpose of 
school attendance, but the board of education is authorized to increase 
or diminish the number or change the boundaries of the sub-districts 
at any regular meeting, a map designating such changes to be entered 
upon its records. (97 v. 343; 93 v. 85; 75 v. 120, § 32 [§ 20].) 

The term "sub-district," as used in section 1 of this supplementary act of April 9, 1867 
(64 v. 117), does not include the subordinate territorial divisions of separate school districts into 
which a city or village may be subdivided, but applies exclusively to township or county sub- 
districts. 19 O. S., 577. 

Sec. 3921a, [Director of sub-districts; election; term; duties.] 
In all township districts the schools of which are not centralized or 
consolidated there shall be elected by ballot on the second Monday of 
April, 1905, and annually thereafter in each sub-district, by the quali- 
fied electors thereof, one competent person, having the qualifications 
of an elector therein to be styled director. In all cases of tie votes 
at an election for director the judges of election shall decide the elec- 
tion by lot ; and in other cases of failure to elect directors or in case 
of a refusal to serve, or in case where vacancies exist from any cause, 
the township board of education shall appoint a director for such sub- 
district. The director of each sub-district shall post written or printed 
notices in three or more conspicuous places in his sub-district at least 
six days prior to the election, designating the day and hour of open- 
ing, and the hour of closing the election. The election shall be held 
at the school house in the sub-district. The meeting shall be organ- 
ized by appointing a chairman and secretary, who shall act as judges 
of the election under oath or affirmation, which oath or affirmation 
may be administered by the director of the sub-district, or any other person 
competent to administer such an oath or affirmation, and the secre- 
tary shall keep a poll-book and tally-sheet, which shall be signed by 
the judges, and delivered within eight days to the clerk of the town- 
ship board of education. The qualified electors of the sub-district 
may hold other meetings at any time upon the call of the director or 
of any five electors. Five days' notice shall be given of such meetings 
by posting notices in five public places in the vicinity. The director 



OHIO SCHOOL LAWS. o7 



Township School Districts. Ch. 4. 

of each snb-district shall preside at the school meetings of the dis- 
trict, record their proceedings, and shall act as the organ of communi- 
cation between the inhabitants and the township board of education. 
He shall take charge of the school house and property belonging thereto 
under the general order and direction of the township board of educa- 
cation and preserve the same and when so ordered by the board shall 
make all temporary repairs of the school house, furniture and fixtures, 
and provide the necessary fuel for the school, reporting the cost thereof 
to the board of education for payment. The director of each sub-dis- 
trict shall take the enumeration of his sub-district and return the same 
to the clerk of the township board of education in the manner pre- 
scribed by law. (97 v. 343; 93 v. 85; 75 v. 120, §32 [§ 20].) 

Sec. 3922. [Centralization by suspension of one or more sub- 
district schools.] The board of education of any township school 
district is authorized to suspend the schools in any or all sub-districta 
m the township district, but upon such suspension the board must 
provide for the conveyance of the pupils residing in such sub-district 
or sub-districts to a public school in said township district, or to a 
public school in another district, the cost of such conveyance to be 
paid out of the funds of the township school district ; or the board 
may abolish all the sub-districts providing conveyance is furnished to 
one or more central schools, the expense of such conveyance to be 
paid out of the funds of the district. When transportation of pupils 
is provided for, the conveyance must pass within at least the distance 
of one-half of a mile from the respective residence of all pupils, ex- 
cept when such residences are situated more than one-half of a mile 
from the public road ; but boards of education shall not be required 
to provide transportation for pupils living less than one-half of a mile 
from the school house. (97 v. 344; 93 v. 47; 89 v. 94; 75 v. 120; 
§ 32 [§ 20].) 

Sec. 3923. [Joint sub-districts abolished.] Joint sub-districts 
are hereby abolished and the territory of such districts, situated in 
the township in which the school house of the joint sub-district is not 
located, shall be attached for school purposes to the township school 
district in which said school house is located, and shall constitute a 
part of said township school district, and the title of all school property 
located in said joint sub-district, is hereby vested in the board of edu- 
cation of the township to which the territory is attached. A map of 
such attached territory shall be prepared under the direction of the 
board of education of the township district to which such territory 
is attached and shall be made a part of the records of said board and 
a copy of the same shall be filed with the auditor of the county in 
which said territory is situated, or if the territory be in two or more 



38 OHIO SCHOOL LAWS. 



Ch. 4. Township School Districts. 



counties, said map shall be filed with the auditor of each county. (97 
v. 344; 70 v. 195; § 32 [70 v. 200, § 22].) 

Sec. 3924. Repealed 97 v. 379. 

Sec. 3925. Repealed 97 v. 379. 

Sec. 3926. Repealed 97 v. 379. 

Sec. 3927. Repealed 97 v. 379. 

Sec. 3927-2. [Centralization, submission of question to vote.] 
A township board of education may submit the question of centrali- 
zation, and upon the petition of not less than one-fourth of the qualified 
electors of such township district, must submit such question to a vote 
of the qualified electors of such township district, and if more votes 
are cast in favor of centralization than against it; at such election, it 
shall then become the duty of the board of education, and such board 
of education is required to proceed at once to the centralization of 
[the] schools of the township, and if necessary purchase a site or sites 
and erect a suitable building or buildings thereon; provided, that if, 
at the said election, more votes are cast against the. proposition for 
centralization than for it, the question shall not again be submitted 
to the electors of said township district for a period of two years. 
When the schools of a township have been centralized, such centrali- 
zation shall not be discontinued within three years thereafter, and 
then only by petition and election as required herein and if at such 
election more votes are cast against centralization than for it, the di- 
vision into sub-districts as they existed prior to centralization, shall 
be thereby re-established at the next regular election and sub-district 
directors shall be elected as provided in section 3921a of this act (97 
v. 344; 93 v. 47; 89 v. 94; 88 v. 297; 72 v. 2T, § 25.) 

AN ACT. 

To provide aid for the support of normal schools. 

Be it enacted by the General Assembly of the State of Ohio- 
Sec. 1. That the trustees of any township in the state of Ohio, 
in which a normal school is organized and conducted or may be es- 
tablished hereafter, are authorized to levy annually a tax, not exceed- 
ing two mills on the dollar upon all the taxable property of the town- 
ship for the purpose of aiding in the support of such normal school. 

Sec. 2. Before the tax may be levied, the question of making a 
levy for the purpose named in section 1, herein, shall be submitted 
to the qualified electors of the township, at a special or general election 
to be held in such township, clue notice of which shall be given at 
least twenty days prior to the election, by publication in some news- 



OHIO SCHOOL LAWS. 



39 



Township School Districts. Ch. 4. 

paper of general circulation in the township; and provided a majority 
of the votes cast at such election upon said question of tax levy is in 
favor of levying the tax, then the trustees of the township thereafter 
shall make the levy annually and report the same to the county audi- 
tor for collection as other taxes, and when collected, to be paid over 
to the duly qualified and acting treasurer of the board of trustees of 
such normal school. 

Sec. 3. At any time after four years from the date of an election 
held in accordance with the provisions of section 2 of this act, another: 
election may be petitioned for and shall be ordered by the trustees of 
the township, provided the petition shall be signed by at least forty 
per cent of the qualified electors of the township. (97 v. 389.) 



40 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 



CHAPTER V. 

SPECIAL SCHOOL DISTRICTS. 



Section. 

392S. Formation of special school district, 
proceedings for. 

3929. Further proceedings in probate court. 

3930. Boards of education in special districts; 

membership; election and term. 

3931. Elections, how conducted. 

3932. Election in newly created special district. 

3933. Organization of board of education; 

president; clerk; regular meetings. 

3934. Transportation of pupils in special dis- 

tricts. 

3935. Abandonment or continuance of special 

district, election for. 

3936. Repealed. 

3937. Repealed. 



Section. 

3938. Repealed. 

3939. Repealed. 

3940. Repealed. 

3941. Repealed. 
3941a. Repealed. 

3942. Repealed. 

3943. Repealed. 

3944. Repealed. 

3945. Repealed. 

3946. Repealed. 
3946a. Repealed. 

3947. Repealed. 

3948. Repealed. 

3949. Repealed. 

3950. Repealed. 



Sec. 3928. [Formation of special school district, proceedings for.] 

A special school district may be formed of any contiguous territory, 
not included within the limits of an incorporated city or village, which 
has a total tax valuation of not less than one hundred thousand dollars. 
To establish a special school district, a petition signed by not less than 
ten male citizens who are electors of the proposed special district shall 
be filed in the office of the probate judge of the county in which such 
special district is situated or if said district is situated in two or more 
counties, then with the probate judge of the county having the greatest 
total tax valuation in said proposed district ; said petition shall set f orth. 
the desires of the petitioners, shall contain a description of the territory 
to be included in the proposed special district, and shall be accompanied 
by a statement giving the total tax valuation of said territory certified 
to by the county auditor or auditors and also an accurate map of the 
territory to be included in said district, the same to be prepared to the 
satisfaction of the probate judge; said petition shall also be accom- 
panied by an undertaking of one or more of the petitioners, with secu- 
rity to the satisfaction of the judge, in the sum of one hundred dollar?, 
conditioned that the parties entering into the undertaking shall pay 
all the costs of the proceedings if a special school district is not created, 
and in such case the probate judge shall render judgment against the 
parties to the undertaking for all the costs of the proceedings. In case 
the petition is granted the costs shall be taxed against the special school 
district thereby authorized and shall be paid by the board of education 
of said special school district, thereafter elected, from any funds that 
may come into its possession. A remonstrance signed by one or more 
of the male citizens who are electors of the proposed district may be 
filed with the probate judge and shall be considered on the hearing 



OHIO SCHOOL LAWS. 41 



Special School Districts. Ch. 5. 



of the petition. Nothing herein contained shall be so construed as to 
abolish any special school district now existing, but all such districts 
whether created under the provisions of a general or special act, in- 
cluding the territory now constituting such special district, shall, unless 
changed under the provisions of this chapter, continue to be and remain 
and be recognized and regarded as legal special school districts, ex- 
cepting, however, such special school districts which do now or may 
hereafter include within their boundaries an incorporated city or village, 
and in such cases such special district shall become a city or village 
school district with or without territory attached or detached, as the case 
may be. And all officers and members of boards of education of ex- 
isting special school districts heretofore created, whether by special or 
general act, shall continue to hold and exercise their respective offices 
and the powers thereof, until their successors are elected and qualified 
as provided herein ; provided that all such officers of such districts 
created by special act shall hold such offices only until the first 
Monday of January following the first election for school officers to be 
held after the passage of this act, at which election their successors 
shall be elected. (97 v. 345; 93 v. 283; 70 v. 195, § 34; S. & S., 713.) 

Special school districts which have been created by special act of the legislature are not 
legally constituted school districts, and must be re-established by petition to the probate court, 
as provided in sections 3928-3932, R. S. 

"It is not within the power conferred on the general assembly by the constitution to de- 
clare that things done and created under and by virtue of unconstitutional acts of the general 
assembly, nevertheless 'shall continue to be and remain and be recognized as legal.' " — 73 O. 
S., 54. 

See note under section 3891. 

Sec. 3929. [Further proceedings in probate court.] Upon the 
filing of a petition in the probate court for the establishment of a 
special school district, the judge thereof shall fix a time for the hearing 
of the same, which shall be within sixty days of the filing thereof; he 
shall thereupon cause to be published for four consecutive weeks, in 
two newspapers of opposite politics, printed and of general circulation 
in the county where the petiton is filed, notice of the filing of such 
petition and the time of the hearing thereon ; such notices shall also 
be mailed to the clerk or clerks of the board or boards of education 
having territory in the proposed special school district. The 
probate judge is authorized to hear and determine the question of 
the establishment of such special school district, may subpoena and ex- 
amine witnesses under oath, may change the boundaries of the pro- 
posed special school district, shall fix and determine the amount of 
money due and payable to said special district from the surplus money 
in the treasury or in process of collection in the district or districts 
from which it was formed, or in case of the indebtedness of such dis- 



42 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 

trict or districts, he shall determine the amount of money due and 
payable by. the special school district to the district or districts from 
which it was formed, and in either case the amount so found due shall 
be [a] valid and binding obligation upon the board of education of 
such district or districts. The fees in cases involving the establish- 
ment of special school districts shall be the same as in civil cases, and 
the jurisdiction of the probate court in such cases shall be exclusive. 
(97 v. 346; 93 v. 283; 89 v. 94; 75 v. 84; § 35; S. & S., 713.) 

Sec. 3930. [Boards of education in special districts; member- 
ship; election and term.] The board of education of special school 
districts shall consist of five members elected at large at the same 
time and in the same manner as the township officers are elected, for 
the term of four years from the first Monday in Jaruary after their 
election or until their successors are elected and qut. ified. At the 
first township election held after the passage of this act, there shall be 
a board of education elected in all special districts as provided for 
herein, two to serve for two years, and three to serve for four years, 
and at the township election held every second year thereafter, their 
successors shall be elected for the term of four years. Upon the organi- 
zation of said boards, upon the succeeding first Monday in January 
after their election the previously existing boards of education of spe- 
cial school districts shall be thereby abolished and the newly elected 
and organized boards shall be their successors in all respects. (97 
v. 346.) 

Sec. 3931. [Elections, how conducted.] Elections in special 
school districts shall be held by the regular election officers of the 
township in which such special districts are situated and if a special 
district is situated in two or more townships, the election shall be held 
by the election officers of the different townships for the electors re- 
siding in each township respectively. At least twenty days prior to 
the first election held under this act, it shall be the duty of the clerk 
of the board of education of each special school district to notify the 
deputy supervisors of elections of the county in which the district is 
situated, or if said district be in two or more comities, he shall notify 
the deputy supervisors of each county, of the names of the voting 
precincts having territory in such special school district, and the prob- 
able number of electors in each precinct, in order that said deputy 
supervisors shall be enabled to prepare ballots and election supplies 
and distribute the same to the proper precincts, and in each precinct 
there shall be separate ballots, ballot boxes, poll books and tally sheets 
for each school district having voters therein. (97 v. 346; 75 v. 120, § 1.) 

Sec. 3932. [Election in newly created special district.] When 
a special school district is created, a mass meeting of the electors 



OHIO SCHOOL LAWS. 43 



Special School Districts. Ch. 



in such district shall be called by the posting- of notices in five public 
places in the district setting forth the time and place of said meeting 
and signed by at least three electors of the district. The electors as- 
sembled at said meeting shall elect a chairman and secretary and fix tne 
time for holding the first election for members of the board of educa- 
tion, the time so fixed shall not be within ' twenty-five days of the time 
of holding such mass meeting. The chairman and secretary of said 
meeting shall immediately post notices in five public places within the 
district, giving the date of the election and shall notify the deputy 
state supervisors of elections as provided in section 3931 of the Re- 
vised Statutes of Ohio. The board thus elected, shall organize on 
the second . Monday after the election and the term of the members 
shall be as indicated in section 3930 of the Revised Statutes of Ohio, 
from the first Monday in January after the last preceding annual elec- 
tion for members of the boards of education, or until' their successors are 
elected and qualified. (97 v. 347; 75 v. 120, § 2.) 

Sec. 3933. [Organization of board of education; president; clerk; 
regular meetings.] Boards of education of special school districts, 
shall organize on the first Monday in January after the election of 
the board, by the election of one of their members president and the 
election of a clerk who may or may not be a member of the board, 
the president to be elected for one year and the clerk to be elected 
for a term not to exceed two years; and they shall fix the time of 
holding regular meetings. (97 v. 347; 75 v. 120, § 3.) 

Sec. 3934. [Transportation of pupils in special districts.] Boards 
of education of special school districts are authorized to provide for the 
conveyance of the pupils of said districts to the school or schools of the 
districts, the expense of said conveyance to be paid from the school 
fund of the special school districts ; provided, however, that boards of 
education of such districts as provide transportation for the pupils there- 
of, shall not be required to transport pupils living less than one-half of 
a mile from the schoolhouse ; transportation of pupils, in any event, 
being optional with the board of education. (98 v. 267 ; 97 v. 347 ; 1881, 
Jan. 14; 78 v. 8; Rev. Stat. 1880; 75 v. 120, § 4.) 

Sec. 3935. [Abandonment or continuance of special district, elec- 
tion for.] When a petition is signed by not less than one-third of 
the electors residing within the territory constituting a special school 
district, whether created under the provisions of a general or special 
act, praying for the abandonment or continuance of such district, shall 
be presented to the board of education of said district, or when' said 
board shall, by a majority vote of the full membership of the board, 
decide to submit the question of abandoning or continuing the special 
school district, it shall be the duty of the board to fix the time of holding 



44 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 



said election at either a special or general election and the clerk of the 
board shall notify the deputy state supervisors of elections, as provided 
in section 3931 of the Revised Statutes of Ohio, of the date of such elec- 
tion and the nature of the same and said supervisors of elections shall 
provide for the same. The clerk of the board of education shall also 
post notices of said election in five public places within the district. 
If said election be submitted at a special election in a district situated 
in two or more election precincts, the election shall be held at the pre- 
cinct nearest the school house in said special district, by the election 
officers of the precinct, and all the electors of said district shall vote at 
said precinct. If the district is situated in two or more '.ounties, the 
deputy state supervisors of the county in which said nearest elec- 
tion precinct is situated, shall have charge of the election. If said 
question is submitted at a regular election, it shall be conducted in 
the same manner as the election of members of the board of education. 
The ballot shall be in the regular form, but without the circle at the 
top, and shall have printed thereon "Abandonment of Special School 
District, Yes ;" "Abandonment of Special School District, No ;" or "Con- 
tinuance of Special School District, Yes ;" "Continuance of Special School 
District, No ;" as the case may be. The expense of said election shall 
be paid in the same manner as are other school election expenses, and 
returns of said elections shall be made to the board of education of 
the special school district and if more votes are cast for abandonment 
than against it, or against continuance than for it, said boards shall 
certify the result to the board or boards of education of the township 
or townships having territory in said special district and the territory 
of said special district shall thereby revert to the township school district 
or districts from which it was originally taken, except as hereinafter 
provided for in the case of indebtedness of the special district. Other- 
wise said district shall continue to be and remain and be recognized and 
regarded as a legal special school district as theretofore constituted. The 
" legal title of the property of the special school district shall in the event 
of abandonment or failure to continue become vested in the board or 
boards of education of the township or townships in which such prop- 
erty is situated. And the school funds of said special district shall be 
paid into the treasury of the township district and if said special district 
be in two or more townships, it shall be divided between them in propor- 
tion to the total tax valuation of property in the several districts, but 
the abandonment of a special school district shall not be deemed com- 
plete until the board of education of said district shall have provided for 
the payment of any indebtedness that may exist. (97 v. 348, 75 v. 120, 
§5.) 



OHIO SCHOOL LAWS. 45 



Special School Districts. Ch. 5. 



Sec. 3936. Repealed 97 v. 379. 

Sec. 3937. Repealed 97 v. 379. 

Sec. 3938. Repealed 97 v. 379. 

Sec. 3939. Repealed 97 v. 379. 

Sec. 3940. Repealed 97 v. 379. 

Sec. 3941. Repealed 97 v. 379. 

Sec. 3941a. Repealed 89 v. 96. 

Sec. 3942. Repealed 97 v. 379. 

Sec. 3943. Repealed 97 v. 379. 

Sec. 3944. Repealed 97 v. 379. 

Sec. 3945. Repealed 97 v. 379. 

Sec. 3946. Repealed 97 v. 379. 

Sec. 3946a. Repealed 94 v. 64. 

Sec. 3947. Repealed 97 v. 379. 

Sec. 3948. Repealed 97 v. 379. 

Sec. 3949. Repealed 90 v. 76. 

Sec. 3950. Repealed 97 v. 379. 



46 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



CHAPTER VI. 



SCHOOL FUNDS. 



Section. 

3951. "The state common school fund." 
Ohio State, Ohio and Miami Univer- 
sity fund; admission of pupils. 

3951a. Repealed. 
3951b. Repealed. 

3952. Interest upon proceeds of salt and 

swamp lands. 
3952-1. Proceeds of sale of swamp lands to 
go to common school funds; how 
funded, and interest distributed. 

3953. The "common school fund". 

3954. Accounts of common school fund; how 

kept, etc. 

3955. Bequests, etc., in trust for common 

school fund. 

3956. Apportionment of school funds by au- 

ditor of state. 

3957. To what county common school fund 

paid when county line divides orig- 
inal surveyed township. 

3958. Boards of education to make local tax 

levy. 

3958a. Joi»t board consisting of the boards 
of education of township and spe- 
cial school districts may levy a 
tax. 

3958-1. Repealed. 

3958-2. Repealed. 

3959. Maximum tax levy for school pur- 

poses; when greater tax may be 
levied. 



Section. 

3960. Rate of levy to be certified to county 

auditor. 

3961. Repealed. 
3961a. Repealed. 

3962. Repealed. 

3963. Tax levy and funds of district in two 

or more counties. 

3964. Apportionment of school fund by 

county auditor. 

3965. Distribution of money after apportion- 

ment. 

3966. Apportionment of school fund by 

county auditor when county line 
divides original surveyed township. 

3967. Certificate of apportionment by county 

auditor. 

3968. Depositories for school funds, boards 

of education may provide. 

3969. When a board of education fails to 

provide proper school facilities the 
county commissioners shall act. 

3970. County auditor to collect fines, etc., 

and inspect section sixteen accounts. 
3970-1. Sinking fund, board of commissioners 

of. 
3970-2. How sinking fund invested^ 
3970-3. Refunding, renewing or extending 

bonded debt. 
3970-4. Reports of sinking fund; how orders 

are drawn. 



Sec. 3951. ["The state common school fund."] For the purpose 
of affording the advantages of a free education to all the youth of the 
state, there shall be levied annually a tax of one mill on the grand list 
of the taxable property of the state, which shall be collected in the 
same manner as other state taxes and the proceeds of which shall con- 
stitute "the state common school fund," and for the payment of interest 
on the irreducible or trust fund debt for school purposes, ten one-hun- 
dredths of one mill, said fund to be styled, "the sinking fund." The rate 
for such levy shall be designated by the general assembly at least once 
in two years; and if the general assembly shall fail to designate the rate 
for any year, the same sball be one mill for the state common school 
fund, and ten one-hundredths of one mill for the sinking fund. (98 v. 256 ; 
95 v. 439; 94 v. 81 ; 92 v. 59; 88 v. 159; 70 v. 195, §126.) 

Sec. 39510. Repealed 98 v. 312. 

Sec. 3951&. Repealed 98 v. 312. 



OHIO SCHOOL LAWS. 47 



School Funds. Ch. 6. 



AN ACT 

To fix the rate of state taxes for the Ohio state university at Columbus, Ohio, 
the Ohio university at Athens, the Miami university at Oxford and the nor- 
mal and industrial department at Wilberforce university, at Wilberforce. 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. i. Inasmuch as it is deemed desirable at this time for the 
state of Ohio to determine the policy of the state in regard to its sup- 
port of institutions of higher learning and further desirable that the 
state adopt a policy in regard to the support of universities and col- 
leges to the end that there shall be a distinct and fixed policy in re- 
gard to universities and colleges and to the end that for all time to 
come the policy of the state with reference to the Ohio state univer- 
sity, the Miami university and the Ohio university may be determined 
and made definite and to the end that the state of Ohio may build up 
one university, worthy of the state, as now begun at the Ohio state 
university, and at the same time to fix such a policy as shall provide 
for the support for the said Miami and tfc Ohio universities as colleges 
of liberal arts, which shall not include technical or graduate instruction, 
aside from the usual graduate work for the degree of master of arts and 
to determine definitely and for all time to come that the Miami university 
and the Ohio university shall be no greater charge on the state of Ohio 
so far as university purposes are concerned than provided for in this act ; 
therefore this act is passed to set forth the policy, to-wit : That in the 
future no representative of the Miami university or of the Ohio univer- 
sity or of the Ohio state university shall violate or attempt to violate this 
policy herein enacted into law as a policy for the support of higher edu- 
cation and as a guide for future general assemblies of the state of Ohio. 

Sec. 2. For the purpose of affording support to the Miami uni- 
versity, there shall be levied annually a tax on the grand list of the tax- 
able property of the state of Ohio, which tax shall be collected in the same 
manner as other state taxes and the proceeds of which shall constitute 
"the Miami university fund." The rate of such levy shall be two and 
one-half one-hundredths (.025) of one mill upon each dollar of valuation 
of such taxable property. The moneys raised by means of said levy, or 
its equivalent in money in case the levy shall be abolished, shall be the 
sum total received either from the proceeds of the levy or from appro- 
priations for the support of the college of liberal arts, and shall be used 
for the purposes only as set forth in section i of this act, and hereafter 
this levy shall not be increased, but this shall not be so construed as to 
prevent such appropriations by the general assembly from time to time 
as may be necessary for apparatus for university purposes, exclusive of 



48 OHIO SCHOOL LAWS. 



Ch. (3. School Funds. 



buildings. Provided that nothing herein shall invalidate any appropria- 
tion for the years 1906 and 1907. 

Sec. 3. For the purpose of affording support to the Ohio uni- 
versity, there shall be levied annually a tax on the ground list of the tax- 
able property of the state of Ohio which shall be collected in the same 
manner as other state taxes and the proceeds of which shall constitute 
"the Ohio university fund." The rate of such levy shall be two and one- 
half one-hundrdedths (.025) of one mill upon ^each dollar of valuation 
of such taxable property. The moneys raised by means of said levy, or 
its equivalent in money, in case the levy shall be abolished, shall be the 
sum total received either from the proceeds of the levy or from appropria- 
tions for the support of the college of liberal arts, and shall be used for 
the purposes only as set forth in section 1 of this act, and hereafter this 
levy shall not be increased, but this shall not be so construed as to pre- 
vent such appropriations by the general assembly from time to time as 
may be necessary for apparatus for university purposes, exclusive of 
buildings. Provided that nothing herein shall invalidate any appropria- 
tion for the years 1906 and 1907. 

Sec. 4. For the purpose of affording support to the state normal 
school or college, in connection with tt : Ohio university, there shall be, 
levied annually a tax on the grand list of the taxable property of the 
state of Ohio, which shall be collected in the same manner as other state 
taxes and the proceeds of which shall constitute "the Ohio normal school 
fund." The rate of such levy shall be one and one-half one-hundredths 
(.015) of one mill upon each dollar of valuation of such taxable prop- 
erty, unless otherwise designated by the general assembly of the state of 
Ohio ; provided that nothing in this section shall be construed as pre- 
venting said normal school from securing such additional appropriations 
as the general assembly may in its wisdom deem fit to make from time 
to time for the support, maintenance and equipment of said normal school. 

Sec. 5. For the purpose of affording support to the state normal 
school or college, in connection with the Miami university, there shall be 
levied annually a tax on the grand list of the taxable property of the 
state of Ohio, which shall be collected in the same manner as other state 
taxes and the proceeds of which shall constitute "the Miami normal school 
fund." The rate of such levy shall be one one-hundredth (.01) of one 
mill upon each dollar of valuation of such taxable property, unless other- 
wise designated by the general assembly of the state of Ohio ; provided 
that nothing in this section shall be construed as preventing said normal 
school from securing such additional appropriations as the general assem- 
bly may in its wisdom deem fit to make from time to time for the support, 
maintenance and equipment of said normal school. 



OHIO SCHOOL LAWS. 49 



School Funds. Ch. 6. 



Sec. 6. No moneys derived under the levies provided for in 
sections 2, 3, 4 and 5 of this act shall be expended by the Miami univer- 
sity and by the Ohio university for maintaining- or giving instructions in 
any other courses of study than in liberal arts and in the normal school 
or college branches. 

Sec. 7. For the purpose of affording free the advantages to the 
youth of the state of a higher, technical, liberal, professional, agricultural, 
graduate and industrial education, including manual training, there shall 
be levied annually a tax on the grand list of the taxable property of the 
state, which shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute, "the Ohio state university 
fund." There shall be levied annually for the said purpose sixteen one- 
hundredths (.16) of one mill upon each dollar of valuation of such tax- 
able property, or its equivalent in money should said levy be abolished ; 
provided that nothing in this act shall be construed to prevent said Ohio 
state university from securing any appropriations that the general assem- 
bly in its wisdom may see fit to grant for the purposes as herein set forth. 
Provided, that the Ohio state university shall never maintain a normal 
school, but may establish a teachers' college or [of] professional grade; 
provided that nothing in this section shall prevent the board of trustees 
from charging incidental expense fees and also reasonable tuition fees for 
professional education. Any appropriations made by the 77th general 
assembly for Ohio state university shall not be invalidated by any pro- 
visions of this act. 

Sec. 8. Nothing in this act shall be construed as preventing the 
boards of trustees of the Ohio state university, the Miami university, the 
Ohio university or the state normal schools at the Ohio university or at 
the Miami university from charging reasonable tuition for the attendance 
of pupils of any of said institutions of learning from students who are non- 
residents of the state of Ohio. 

Sec. 9. The expenditure of all moneys under the provisions of 
this act or for the purposes of carrying out the provisions of this act 
raised or secured from any source whatsoever shall be subject to the 
inspection of the state bureau of public accounting, the cost of same to 
be paid by the university or college inspected at the cost as now provided 
by law. 

Sec. 10. That sections 3951a and 3951& of the Revised Statutes 
of Ohio and sections 3, 4, 5 and 6 of an act entitled, "An act to establish 
normal schools at Ohio university at Athens, and at Miami university 
at Oxford, and to provide for the appointment of a commission to investi- 
gate and report upon the need and advisability of the future establish- 
ment by the state of one or more additional normal schools and to con- 
4 0. s. L. 



50 OHIO SCHOOL LAWS. 



Ch. 6. • School Funds. 



sider in what manner and to what extent existing educational institutions 
other than those now supported by the state can be made more active in the 
better training of persons for service in the public schools," passed March 
12, 1902, be and the same are hereby repealed. (98 v. 309) 

Sec. 3952. [Interest upon proceeds of salt and swamp lands.] 
The state shall pay interest annually, at the rate of six per cent per 
annum, upon all money which has been paid into the state treasury 
on account of sales of lands commonly called "salt lands," and upon all 
money heretofore paid, or which may hereafter be paid into the state 
treasury on account of sales of swamp lands granted to the state of 
Ohio by act of congress ; the money received from such sales shall consti- 
tute an irreducible debt of the state ; and the interest shall be appor- 
tioned annually on the same basis as the state common school fund 
is apportioned, and distributed to the several counties as provided 
in section thirty-nine hundred and fifty-six. (70 v. 195, § 132; 49 v. 40, 
§ i;S. &C. 1338.) 

As to proceeds of swamp lands under the act of 1894, see Sec, 3107-120. 
As to swamp lands in Paulding county, see 89 v. 232. 

Sec. 3952-1. [Proceeds of sale of swamp lands to go to common 
school funds ; how funded, and interest distributed.] The net proceeds 
that may hereafter be paid into the state treasury, from the sales of 
swamp lands granted to the state of Ohio by act of Congress passed 
September 28, 1850, be and the same is hereby appropriated to the general 
fund for the support of common schools ; and the state of Ohio is 
hereby pledged to pay the interest, annually, on any and all sums of 
money which may be paid into the state treasury, from the sales 
of said lands, from the receipt of such money into the treasury afore- 
said ; and the interest arising as aforesaid shall be funded, annually, 
until the first day of January, in the year eighteen hundred and fifty- 
five ; after which time the interest shall be annually distributed to the 
several counties in this state, in proportion to the number of male 
inhabitants above the age of twenty-one, as the law shall be ascer- 
tained for the apportionment of representatives ; and the proportion 
of interest due to each and every such county shall be distributed for 
the support of common schools, in the respective counties, in the man- 
ner prescribed in the "act to provide for the support and better regu- 
lation of common schools". (1883, March 5; 80 v. 39; R. S. 1880; 49 
v. 40; S. &C. 1338.) 

Sec. 3953. [The "common school fund."] The money which has 
been and may hereafter be paid into the state treasury on account of 
sales of lands granted by congress for the support of public schools 
in any original surveyed township, or other district of country, shall 



OHIO SCHOOL LAWS. 51 



School Funds. Ch. 6. 



constitute the "common school fund," of which the auditor of state 
shall be superintendent, and the income of which shall be applied 
exclusively to the support of common schools, in the manner desig- 
nated in this chapter. (70 v. 195, §§ 127, 128; S. & C. 1335.) 

Sec. 3954. [Accounts of common school fund; how kept, etc.] 
The common school fund shall constitute an irreducible debt of the 
state, on which the state shall pay interest annually, at the rate of six 
per cent, per annum, to be computed for the calendar year, and the 
first computation on any payment of principal hereafter made to be 
from the time of payment to and including the thirty-first day of De- 
cember next succeeding; and the auditor of state shall keep an account 
of the fund, and of the interest which accrues thereon, in a book or books 
to be provided for the purpose, with each original surveyed town- 
ship and other district of country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the amount of 
interest thereon which accrues and the amount which is disbursed annu- 
ally to each. (70 v. 195, §§ 128, 129: S. & C. 1335.) 

Sec. 3955. [Bequests, etc., in trust for common school fund.] 
When any grant or devise of land, or any donation or bequest of 
money or other personal property, is made to the state of Ohio, or to 
any person, or otherwise, in trust for the common school fund, the 
same shall become vested in said fund ; and when the money arising 
therefrom is paid into the state treasury, proper accounts thereof shall 
be kept by the auditor of state, and the interest accruing therefrom 
shall be applied according to the intent of the grantor, donor, or 
devisor. (70 v. 195, § 131; S. & C. 1336.) 

Sec. 3956. [Apportionment of school funds by auditor of state.] 
The auditor of state shall apportion the state common school fund to 
the several counties of the state semi-annually, upon the basis of the 
enumeration of youth therein, as shown by the latest abstract of 
enumeration transmitted to him by the state commissioner of common 
schools ; before making his February settlement with county treasurers 
he shall apportion such amount thereof as he shall estimate to have 
been collected up to that time, and, in the settlement sheet which he 
transmits to the auditor of each county, shall certify the amount pay- 
able to the treasurer of his county ; before making his final settlement 
with county treasurers each year, he shall apportion the remainder of 
the whole fund collected, as nearly as the same can be ascertained, and 
in the August settlement sheet which he transmits to the auditor of 
each county shall certify the amount payable to the treasurer of his 
county ; in each February settlement sheet he shall also enter the amount 
of money payable to the county treasurer on the apportionment of 



52 oiiio school laws. 

Ch. 6. School Funds. 

interest specified in section thirty-nine hundred and fifty-two; he shall 
also enter in each February settlement sheet the amount of money 
payable to the county treasurer on account of interest for the pre- 
ceding year on the common school fund, and designate the source or 
sources from which the interest accrued; he shall transmit with each 
February settlement sheet a certified statement, showing the amount 
of interest derived from the common school fund payable to each 
original surveyed township or other district of country within the county ; 
and the treasurer of each county shall, at each semi-annual settlement 
with the auditor of state, retain in the county treasury, from the state 
taxes collected by him, the amount of the funds herein mentioned 
shown by the settlement sheet of the auditor of state to be payable to 
him at that time; but if such amount for any county exceeds the 
amount of state taxes collected therein, the auditor of state shall draw 
an order on the treasurer of state, in favor of the treasurer of such 
county, for the balance of school funds due his county, and transmit 
the same to such county treasurer, and the treasurer of state shall pay 
such order upon its presentation to him. (70 v. 195, §§ 120, 130; . S. & 
C I359-) 

Cited 9 C. C, 13, 18; 2 O. D., 152. 

Sec. 3957. [To what county common school fund paid when 
county line divides original surveyed township.] If parts of an 
original surveyed township or fractional township are situate in two 
or more counties, the amount of interest on common school fund due 
to such township shall be paid in the manner provided in the last sec- 
tion, to the treasurer of the county wherein the greatest relative portion 
of such township is situate; but if it be uncertain in which county 
such portion is situate, the amount of interest due to such township 
shall be paid to the treasurer of the oldest county in which any part 
of the township is situate. (70 v. 195, § 130.) 

Sec. 3958. [Boards of education to make local tax levy.] Each 
board of education shall, annually, at a regular or special meeting held 
between the third Monday in April and the first Monday in June, fix the 
rate of taxation necessary to be levied for all school purposes, after the 
state funds are exhausted ; said levy shall be divided by the board of edu- 
cation into four funds, namely, first, tuition fund; second, building fund; 
third, contingent fund; fourth, bonds, interest and sinking fund, and a 
separate levy shall be made for each fund. (98 v. 248; 97 v. 349; 1884, 
April 14: 81 v. 177, 178; 80 v. 124, 129; 80 v. 17; Rev. Stat. 1880; 75 
v. 526, § 56; 75 v. 101, § 4.) 

"A notice, by a clerk of a board of education, of a tax voted by the board, to build a 
school house, delivered to the auditor on the 11th day of June, is sufficient authority to the 
auditor for carrying the tax into his duplicate." II Western Law Monthly, 589. 



OHIO SCHOOL LAWS. 53 

School Funds. Ch. 6. 

"It is a general rule that statutes, so far as they limit a time for the performance of an 
act by a public officer, for the public benefit, are merely directory, when time is not the 
essence of the thing to be done, unless there are negative words, and the act is valid if done 
afterwards. 

Tuition from non-resident pupils is to be paid to the board of education, and placed in 
the contingent fund. A teacher has absolutely no authority to retain money received for tuition 
of non-resident pupils. 

Sec. 3g58a. [Joint board consisting of the boards of education 
of township and special school districts may levy a tax.] Provided 
that in all cases of special school districts, now existing or that may here- 
after be created, lying wholly within one civil township, and in cases 
where the special school district lies in and is part of two or more civil 
townships of th« same or different counties, and in all cases where there 
are two or more special school districts lying wholly or partly within 
one civil township, there may be levied a tax for school purposes, not 
exceeding six mills, on the duplicate of all the taxable property in such 
township and lying outside of all city and village school districts that may 
be therein, which levy shall be made when a petition in writing signed 
by two-thirds of the electors of said civil township is filed with the clerk 
of the board of educaton of such township, by a joint board consisting 
of the board of education of that township and of the board of education 
of the special school district, or of the board of education of that town- 
ship and of the boards of education of the special school districts as the 
case may be, acting in joint session, at a meeting or meetings to be 
called for that purpose, by the president of the board of education of the 
township between the third Monday in April and the first Monday in 
June of each year ; or, if said boards fail to meet as aforesaid, or 
fail to agree and make a levy as herein provided, then such levy 
shall be ,made by the county commissioners on the application of 
either board. The funds raised from such levy shall be divided between 
the board of education of the township and of the special school dis- 
trict, or between the board of education of the township and the 
boards of education of the special school districts, as the case may be, 
in proportion to the number of children of that township of school 
age living in the township outside of the special school district and liv- 
ing in the township within the special school district or districts, as the 
case may be. In addition to this general levy made by the joint boards, 
either board may levy an additional tax, not to exceed six mills, on the 
duplicate of all the taxable property within its own territory ; the funds 
arising from this additional levy to be used only for the schools within 
the territory where such additional levy is made ; and provided further 
that in event the levy so made by said boards is inequitable to either, 
or insufficient to provide funds for and maintain the schools in either the 
township or special school districts, then either board may appeal to the 



54 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



county commissioners of the county in which the township is situated to 
adjust and make said levy; and said commissioners may then make such 
levy, not exceeding" six mills, for the purposes named in this section, as 
they may deem just and equitable and sufficient to provide for and main- 
tain the schools in said township and school districts ; and provided 
further, that in the event either of said boards of education meet to 
fix a levy for school purposes, as provided in section 3958, before the 
levy is fixed by the joint board as herein provided, and the levy so 
made by said board of education, acting independentely, is more than 
six mills on the dollar of valuation of taxable property in its school dis- 
trict, then the excess of the levy so* made over and above the six mills shall 
be subject to division in proportion and manner as provided in this section, 
between the township and special districts. (98 v. 248; 90 v. 349.) 

Sec. 3958-1. Repealed 97 v. 379. 

Sec. 3958-2. Repealed 97 v. 379. 

Sec. 3959. [Maximum tax levy for school purposes ; when greater 
tax may be levied.] The local tax levy for all school purposes shall 
not exceed twelve mills on the dollar of valuation of taxable property 
in any school district, and in city school districts shall not be less 
than six mills, but said levy shall not include any special levy for a speci- 
fied purpose, provided for by a vote of the people. A greater or less tax 
than is authorized herein may be levied for any or all school purposes, 
and any board of education is authorized to make an additional annual 
levy of not more than five mills for any number of consecutive years not* 
exceeding five, if the proposition to make such levy or levies shall have 
been submitted, by the board of education, to a vote of the electors of 
the school district, under a resolution prescribing the time, place and 
nature of the proposition to be submitted, and approved by a majority of 
those voting on the proposition ; notice of such election must be given 
by publication of the resolution for three consecutive weeks prior thereto 
in some newspaper published and of' general circulation in the district, 
or by posting copies thereof in five of the most conspicuous places in the 
district for a like period, if no such paper is published therein. (98 v. 127; 
97 v. 349; 94 v. 391.) 

Sec. 3960. [Rate of levy to be certified to county auditor.] The 
amount of the levy fixed by the boards of education under sections thirty- 
nine hundred and fifty-eight (3958), thirty-nine hundred and fifty-eight a 
(3958a) and thirty-nine hundred and fifty-nine (3959), shall be certified 
to the county auditor in writing, on or before the first Monday in June 
of each year by the boards of education, and on or before the first Mon- 
day in August of each year by the county commissioners when the levy 
is made by them, who shall assess the entire amount upon all the taxable 



OHIO SCHOOL LAWS. 55 



School Funds. Ch. 6. 



property of the district, and enter it upon the tax duplicate of the county, 
and the county treasurer shall collect the same at the time and in the 
same manner as state and county taxes are collected, and pay it to the 
treasurer of the district upon the warrant of the county auditor ; and 
unless the county treasurer is paid a fixed salary he shall receive one per 
centum on all money so collected, and no more. (98 v. 249; 97 v. 349; 
70 v. 195, §§ 57, 58.) 

Boards ot education required to certify levy for building and other purposes, to the county 
auditor, in addition to the levy provided for in Sees. 3959, 3960; see Sec. 3992. 

Where a board of education certifies an estimate of a school tax to the county auditor, 
who places the same .on the tax list in a reduced form, a citizen and taxpayer of the school 
district who, five months thereafter, seeks by mandamus on his own relation, to compel the 
auditor to place the original estimate on the tax list, must satisfy the court that the board of 
education did not consent to the reduction. 39 O. S., 455. 

County commissioners to act as board of education in case the latter^ neglects to perform. 
its duty; see Sec. 3969. 

Sec. 3961. Repealed 97 v. 379. 

Sec. 3961a. Repealed 97 v. 379. 

Sec. 3962. Repealed 97 v. 379. 

Sec. 3963. [Tax levy and funds of district in two or more coun- 
ties.] When a school district is composed of territory in two or more 
counties the rate of taxation shall be ascertained by the board of edu- 
cation of such district and shall be certified to the auditors of the sev- 
eral counties and such county auditors shall place the same on the tax 
duplicate and the same shall be collected as provided in section thirty- 
nine hundred and sixty of the Revised Statutes of Ohio. The funds be- 
longing- to a district composed of territory in more than one county shall 
be paid by the treasurers of the other counties to the treasurer of the 
county having- the greatest tax valuation in said district ; the auditors of 
the other counties shall make settlement on account of such funds with 
the auditor of the county having said greatest tax valuation ; and the 
treasurer of the district shall make the settlement required by section 
thirty-nine hundred and sixty-six of the Revised Statutes of Ohio, with 
such auditor. (97 v. 350.) 

Sec. 3964. [Apportionment of school fund by county auditor.] 
Each county auditor shall, immediately after each annual settlement 
with the county treasurer, apportion the school funds for his county; 
the state common school fund shall be apportioned in proportion to the 
enumeration of youth in each of the several school districts within the 
county, but if an enumeration of the youth of any district has not been 
taken and returned for any year, such district shall not be entitled to 
receive any portion of said fund ; the local school tax collected from 
the several districts shall be paid to the districts from which it was col- 
lected ; money received from the state on account of interest on the 



,56 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



common school fund shall be apportioned to the school districts and parts 
of school districts within the territory designated by the auditor of state 
as entitled thereto, in proportion to the enumeration of youth therein, and 
all other money in the county treasury for the support of the common 
schools, and not otherwise appropriated by law, shall be apportioned 
annually in the same manner as the state common school fund. (97 v. 350; 
1880, March 9; yj v, 58; Rev. Stat. 1880; 70 v. 195, § 120.) 

The auditor's duty to apportion the state common school -iund among the districts, ac- 
cording to the -number of youth (Sec. 3964), is not excused by his inability to apportion other 
funds. His failure to apportion such fund does not authorize the township school board to 
treat it as a contingent fund and apportion it at discretion. Hence, the indebtedness of the 
township board for building school houses in an amount exceeding all the funds is no defense 
to a salary order of a teacher in a sub-district, entitled to one-fourth of the state common 
school fund, its contingent fund being exhausted. 9 C. C, 13. 

Sec. 3965. [Distribution of money after apportionment.] The 

auditor shall immediately after such apportionment is made, enter the 
same in a book to be kept for that purpose, and furnish a certified copy 
of the apportionment to each school treasurer and clerk of his county; 
and he shall give to each of such treasurers an order on the county 
treasurer for the amount of money payable to him, and take his receipt 
therefor. (70 v. 195, § 120.) 

Boards of education can leave school moneys in county treasury and draw the same from 
time to time in amounts of not less than one hundred dollars; see Sec. 1122. 

County auditors shall in no case permit treasurer to have in his hands school fun'ds 
amounting to more than the amount of his bond; see Sec. 4048. 

Sec. 3966. [Apportionment of common school fund by county 
auditor when county line divides original surveyed township.] When 
an original surveyed township or fractional township is situate in two or 
more counties, and the land granted thereto by congress for the support of 
public schools has been sold, the auditor of the county, to whose treas- 
urer the interests on the proceeds of such sale is paid, shall apportion such 
interest to the counties in which such township is situate, in proportion 
to the youth of the township enumerated in each ; such auditor shall cer- 
tify to the auditor of each of the other counties the amount so ascertained 
to belong to the part of the township situate in his county, and transmit 
to the treasurer of each of such counties an order on the treasurer of his 
own county for such amount ; and the auditor of each county shall appor- 
tion the amount of such interest belonging to the part of the township in 
his county, to the districts or parts of districts entitled thereto, in propor- 
tion to the enumeration of youth therein, and certify and pay the same to 
the proper school officers, as provided in the preceding section. (70 v. 195, 
§§ 121, 122; 72 V. 63, § 36.) 

Sec. 3967. [Certificate of apportionment by county auditor.] The 
-certificate of apportionment furnished by the county auditor to the 



OHIO SCHOOL LAWS. 57 



School Funds. Ch. 6. 



treasurer and clerk of each school district shall exhibit the amount of 
money received by each district from the state, the amount received from 
any special tax levy made for a particular purpose as well as the amount 
received from local taxation of a general nature ; the amount received 
from the state common school fund and the common school fund shall be 
designated the "tuition fund" and shall be appropriated only for the pay- 
ment of superintendents and teachers ; the funds received from special 
levies shall be designated in accordance with the purpose for which the 
special levy was made and shall be paid out only for such purpose, but 
when a balance remains on [in] -such fund after all expenses incident to 
the purpose for which it was raised shall have been paid, such balance 
shall become a part of the contingent fund and it shall be the duty of 
the board of education to make such transfer by resolution ; the funds 
received from the local levy for general purposes shall be designated as 
indicated in section thirty-nine hundred and fifty-eight, so as to cor- 
respond to the particular purpose for which the levy was made ; all 
moneys coming from sources not enumerated herein shall be placed in the 
contingent fund. (97 v. 350; 1885, March 20; 82 v. 92; Rev. Stat. 1880; 
70 v. 195, § 60.) 

Inasmuch as the larger subdistricts receive more of the state funds than the smaller sub- 
districts, the latter ought to receive proportionately more of the township tuition fund than the 
former. If, however, the larger subdistricts contain two or more schools, or actually require 
more tuition money than the smaller to sustain their schools an equal length of time, they are 
entitled to more. 

In the larger subdistricts township boards of education may, in some instances, be obliged 
to pay higher wages than the smaller. The intention of the law is to require boards of edu- 
cation to provide the necessary funds, all the circumstances being duly considered, for con- 
tinuing the schools of the several subdistricts an equal length of time. 

The adding together of the state and contingent funds, and then dividing the sum equally 
among the several subdistricts, as is so frequently done by township boards, is not a compliance 
with either the letter or the spirit of the law. An equal division, except in rare instances, 
cannot be an equitable division. 

The amount of funds apportioned to any sub-district for school purposes in any one year 
cannot be increased or diminished by reason of any deficit or surplus in the funds previously 
apportioned to that sub-district or to any other sub-dis'trict. 2 C. C, 475. 

Sec. 3968. [Depositories for school funds, boards of education 
may provide.] The board of education of any school district shall 
have authority to provide by resolution for the deposit of any or all 
moneys coming into the hands of the treasurer of the board. Provided, 
however, that no bank shall receive a larger deposit than the amount 
of its paid-in capital stock, and in no event to exceed three hundred 
thousand dollars ($300,000.00). In school districts containing two or 
more banks such deposit shall be made in the bank or banks, situated in 
the district, that shall offer at competitive bidding the highest rate of 
interest which in no case shall be less than two per cent, for the full time 
the funds or any part thereof are on deposit, and such bank or banks shall 
give a good and sufficient bond of some approved guaranty company in a 



58 OHIO SCHOOL LAWS.. 



Ch. 6. ' School Funds. 



sum at least equal to the amount deposited, and it shall be the- duty of the 
treasurer of the school district to see that a greater sum than that con- 
tained in the bond is not desposited in such bank or banks and said treas- 
urer and his bondsmen shall be liable for any loss occasioned by deposits 
in excess of such bond ; the board shall determine in such resolution the 
method by which such bids shall be received, the authority which shall re- 
ceive them, the time for which such deposits shall be made and all details 
for carrying into effect the authority herein given, but all such proceed- 
ings in connection with such competitive bidding and deposit of such 
moneys shall be conducted in such a manner as to insure full publicity and 
shall be open at all times to public inspection ; if in the opinion of a 
board of education there has been any collusion between the bidders, said 
board may reject any or all bids and may provide for the deposit of funds 
in a bank or banks without the district as hereinafter provided for in 
districts not having two or more banks located therein. In all school dis- 
tricts containing less than two banks the board of education may, after the 
adoption of a resolution providing for the deposit of its funds, enter into 
a contract with one or more banks that are conveniently located and offer 
the highest rate of interest, which shall in no case be less than two per 
cent, for the full time the funds or any part thereof are on deposit, and 
said bank or banks shall give good and sufficient bond of some approved 
guaranty company in a sum at least equal to the amount deposited and 
it shall be the duty of the treasurer of the school district to see that a 
greater sum than that contained in the bond is not deposited in such bank 
or banks, and said treasurer and his bondsmen shall be liable for any loss 
occasioned by deposits in excess of such bond; said resolution and con- 
tract shall set forth fully all details necessary to carry into effect the 
authority herein given and all proceedings connected with the adoption 
of said resolution and the making of said contract shall be conducted in 
such a manner as to insure full publicity and shall be open at all times to 
public inspection. When a depository is provided as authorized herein 
and the funds are deposited therein, the treasurer of the school district 
and his bondsmen shall be relieved of any liability occasioned by the 
failure of the bank or banks of deposit or by the failure of the guaranty 
company acting as surety for such bank or banks or- by the failure of 
either of them, except as herein provided in cases of excessive deposits. 
(97 v - 35 1 ; 1884, Feb. 26; 81 v. 26; Rev. Stat. 1880; 75 v. 526, § 56.) 
Sec. 3969. [When a board of education fails to provide proper 
school facilities the county commissioners shall act.] If the board 
of education in any district fail in any year to estimate and certify the 
levy for a contingent fund as required by this chapter, or if the amount 
so certified is deemed insufficient for school purposes, or if it fail to 



OHIO SCHOOL LAW'S. 



59 



School Funds. Ch. 6. 



provide sufficient school privileges for all the youth of school age in 
the district or to provide for the continuance of any school in the district 
for at least seven months in the year, or to provide for each school an 
equitable share of school advantages as required by this title, or to provide 
suitable school houses for all the schools under its control, or to elect a 
superintendent or teachers, the commissioners of the county to which 
such district belongs, upon being advised and satisfied thereof, shall do 
and perform any or all of said duties and acts, in as full a manner as the 
board of education is by this title authorized to do and perform the same ; 
and the members of a board who cause such failure shall be each severally 
liable, in a penalty not to exceed fifty nor less than twenty-five dollars, to 
be recovered in a civil action in the name of the state upon complaint 
of any elector of the district, which sum shall be collected by the prose- 
cuting attorney of the county, and when collected shall be paid into the 
treasury of the county, for the benefit of the school or schools of the 
district. (97 v. 352; 72 v. 59, § 59.) 

An appointment of superintendent of schools by the county commissioners on failure of a 
village school board to elect is the same as if appointed by the board; he is to be paid out of 
its funds. 3 N. P., 236. 

Several questions have come up under this section. In solving any doubts that have 
arisen, it has seemed proper to consider that the purpose of the section is to provide an ab- 
solute remedy against the suspension of a school, and to assure to each pupil in the State 
reasonably convenient facilities for attending school the minimum length of the school year. 

If, however, a board has levied up .to the full limit allowed by law, and the sum pro- 
duced is not sufficient to continue the schools of the district for the minimum length of the 
school year, there seems to be no remedy. But if a levy under this limit fails to sustain the 
schools for the minimum time prescribed in this section then an appeal should be made to the 
county commissioners, whose duty it will be to raise the levy to the highest limit warranted 
by the law; and they will be justified in acting as soon as they are satisfied that the amount 
levied by the board of the district will be insufficient to meet the demands of the law. 

If, under any circumstances, a board of education of a city, village or special district 
stands a tie in its organization so that it cannot act for months together, and as a result 
teachers or other employees cannot be paid or other necessary business transacted, the county 
commissioners should be appealed to under the provisions of this section. Summit County Court 
of Common Pleas, April Term, 1896. State of Ohio on relation of Frederick Schnee v. The 
Board of Education of Cuyahoga Falls, Ohio, and Charles H. Howland, President, M'Con Moore, 
Clerk, and M. D. Card, Treasurer of said Board of Education. The board of education of 
Cuyahoga Falls, consisting of six members, failed to elect a superintendent of schools of 
that district, by reason of an equal division of the members of the board as to the re-employ- 
ment of the former superintendent, and in consequence of such division, no appointment or* 
election of a superintendent was made until after the commencement of the schools in Sep- 
tember, 1895, when the county commissioners of Summit county, being duly advised, at a 
regular meeting appointed a superintendent of schools for that district, under and by virtue 
of section 3969 of the Revised Statutes of Ohio : Held, That such action of the county com- 
missioners was legal, and that the superintendent so appointed held his office as superintendent 
the same as if appointed by the board of education, and was entitled to receive his pay. And 
that where the treasurer of the school district refuses to pay an order for his salary, man- 
damus is the proper remedy. (Decided July 30, 1896.) 

Sec. 3970. [County auditor to collect fines, etc., and inspect sec- 
tion sixteen accounts.] The auditor of each county shall collect, or 
cause to be collected, all fines and other money, for the support of com- 
mon schools in his county, and pay the same to the county treasurer ; 



60 OHIO SCHOOL LAWS. 



Ch g_ School Funds. 



he shall inspect "all accounts of interest accruing on account of section 
sixteen or other school lands, whether the same is payable by the state 
or by the debtors ; and he shall take all proper measures to secure to each 
school district in his county the full amount of school funds to which it is 
entitled. (70 v. 195, § 120.) 

Surplus in Dow tax may be transferred to school fund; see Sec. 2834<i, 94 v. 60. 

FINES TO BE PAID INTO SCHOOL FUND. 

Sees. 1050 and 1051. Penalty against county auditors for failing to report to state auditor. 

Sees. 1052 and -1215. Relating to dog tax. 

Sec. 1279. Relating to the disposition of the proceeds of the sale of timber growing on 
state or school lands, unlawfully cut down. 

Sees. 1280 and 1281. Providing for the disposition of the proceeds of the sale of un- 
claimed property, stolen, embezzled, or obtained under false pretenses. 

Sec. 1375. Penalty against township trustees and treasurers who refuse to serve. 

Sec. 1504. Penalty against township clerk for failure to make detailed statement. 

Sec. 1524. Penalty against assessors for neglecting or refusing to make out and return 
statistics. 

Sec. 1525. Penalty against any person, company, or corporation, refusing to make out and 
deliver a statement of facts for taxation. 

Sec. 3225. Relating to the proceeds of the sale of unclaimed goods by express com- 
panies, common carriers, etc. 

Sec. 3479. Penalty for avoiding toll on turnpikes or plank road. 

Sec. 3969. Penalty against member of board of education who fails to perform certain 
duties. 

Sec. 4027. Penalty against parents and guardians for detaining children from school con- 
trary to law. 

Sec. 403S. Penalty against the clerk of a local board for failure to take the sch'ool' 
enumeration. 

Sec. 4045. Penalty against treasurers of school districts for failure to make annual set- 
tlement. 

Sec. 4061. Penalty against county auditors and clerks of boards of education for failing 
to make certain reports. 

Sec. 4063. Penalty against county auditors for failure to make enumeration return. 

Sees. 4088 and 4089. Penalty against institute committee for failure to make required 
report. 

Sees. 4201 and 4204. Penalty for allowing certain animals to run at large. 

Sec. 4218. Penalty against fishing unlawfully. 

Sec. 4382. Penalty against owners or keepers of wharf boats. 

Sec. 4398. Relating to peddlers' license. 

Sees. 4401 and 4402. Penalties against peddlers who do not obtain a license. 

Sec. 4487. Penalty against auditors, engineers, commissioners, and probate judges, who 
fail to perform certain duties relating to county ditches, sinkholes, etc. 

Sec. 6396. Penalty against assessors, physicians, midwives, clergymen, sextons and probate 
judges, who fail to furnish statistics of births and deaths. 

Sec. 6986-10. Unlawful employment of minors. 

Sec. 3970-1. [Sinking fund; board of commissioners of.] In any 

school district having a bonded indebtedness, for the payment of which 
together with interest, no provision has been made by a special tax 
levy for that particular purpose, it shall be the duty of the board of edu- 
cation of such district and such board shall annually, on or before the 
j 1 st day of August, set aside from its revenue a sum equal to not less 
than one-fortieth of said indebtedness together with a sum sufficient to 
pay the annual interest thereon. The board of education of every district 
shall provide a sinking fund for the extinguishment of all its bonded in- 



OHIO SCHOOL LAWS. 61 



School Funds. ch. 6. 



debtedness, which sinking fund shall be managed and controlled by a 
board of commissioners designated as the ''Board of Commissioners of 

the Sinking Fund of — '' (inserting the name of the district), 

which shall be composed of five electors thereof, and who shall be 
appointed by the court of common pleas of the county in which such 
district is chiefly located, provided, that in city or village districts the 
board of commissioners of the sinking fund of the city or village may be 
the board of commissioners of the sinking fund of the school district ; the 
commissioners of the sinking fund shall serve without compensation and 
shall give such bond as the board of education may require and approve, 
provided that any surety company authorized to sign such bonds may be 
accepted by such board of education as surety, and the cost' thereof, to- 
gether with all necessary expenses of the commissioners of the sinking 
fund shall be paid by said commissioners out of the funds under their 
control. (97 v. 352 ; 90 L. L. 97.) 

Sec. 3970-2. [How sinking fund invested.] The board of com- 
missioners of the sinking fund shall invest the sinking fund in bonds 
of the United States, of the state of Ohio, of any municipal corporation, 
county, township or school district of any state or in bonds of its own 
issue. All interest received from such investments shall be deposited as 
other funds of said sinking fund, and reinvested in a like manner. For 
the extinguishment of any bonded indebtedness included in said sinking 
fund, the board of commissioners of the sinking fund is authorized to sell 
or use any of the securities or money of said fund. (98 v. 45 ; 97 v. 353 ; 
90 L. L. 97.) 

Sec. 3970-3. [Refunding renewing or extending bonded debt.] 
The board of commissioners of the sinking fund may refund, extend 
or renew the bonded debt of the school district or any part thereof, exist- 
ing at the time of the taking effect of this act, by issuing the bonds 
of said school district for such periods, not exceeding twenty years, in 
such denomination, payable at such place and at a rate of interest not to 
exceed the rate previous to such refunding, extension or renewal ; pro- 
vided that the aggregate amount of the refunding, extending or renewing 
bonds so issued shall not exceed that of the bonds so refunded, extended 
or renewed. (97 v. 353; 90 L. L. 97.) 

Sec. 3970-4. [Reports of sinking fund; how orders are drawn.] 
The board of commissioners of the sinking fund shall make an an- 
nual report to the board of education giving' a detailed statement of the 
sinking fund for each year ending with August 31st. Such report shall be 
filed with the board of education on or before September 30th of each year 
and other reports may be required by the board of education when the 
same shall be deemed necessary. The board of education shall appropriate 



62 



OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



to the use of said sinking fund any taxes levied for the payment of 
interest on the bonded indebtedness of said board of education together 
with the sum provided for in section I of this act ; and all such sums so 
appropriated shall be applied to no other purpose than the payment of 
said bonds and interest thereon and all necessary expenses of said com- 
mission. Whenever the board of education shall issue bonds for whatever 
purpose, the said issue shall first be offered for purchase to said board of 
commissioners of the sinking fund, who may purchase any or all of said 
issue of bonds at par ; the board of commissioners shall, within five days 
of the time when notice is given, notify the board of education of its 
action upon said proposed purchase ; after which time the board of educa- 
tion shall proceed to issue any portion not purchased by said commission, 
according to law. (98 v. 45 ; 97 v. 353; 90 L. L. 97.) 



OHIO SCHOOL LAWS. 



63 



Provisions Applying to all Boards. 



Ch. 7. 



CHAPTER VII. 



PROVISIONS APPLYING TO ALL BOARDS. 



Section. 

397U-10. School elections; separate ballots and 
ballot boxes; returns and canvass of 
vote. 

Sec. 1. Arrangement of names of can- 
didates on tickets used in election 
of members of board of education. 

Sec. 2. Form of ballot and manner of 
voting in school elections. 

Notice of elections. 

Women may vote and be voted for, 
for school officers. 

Corporate powers of board of educa- 
tion; sales of property exceeding 
three hundred dollars in value; ex- 
change of real estate with municipal 
corporation. 

Title to property vested in boards of 
education; resolutions and orders 
remain valid until changed; con- 
tracts, bonds and tax levies protected. 

School property exempt from taxation. 
Conveyances and contracts. 

Boards of education may accept be- 
quests, gifts, or endowments; limi- 
tation' on same. 



3970-10. 



3970-10. 



3970-11. 
3970-12. 



3971. 



3972. 



3974. 
3975. 



3978. 
3979. 
3980. 
3981. 

3982. 



39S3. 
3984. 



3986. 



3986-1. 
Sec. 3. 



Process against boards, and how 
served. 

Prosecuting attorney and city solicitor 
to act as legal adviser of boards of 
education. 

Special meetings, how called. 

Oath of members and other officers. 

Repealed. 

Vacancies in board of education, how 
filled. 
Quorum; majority of all members re- 
quired in certain cases; roll call; 
pay roll. 

Absence of president or clerk. 
Record of proceedings and attestation 
thereof. 

Boards to make rules; illegal meet- 
ings. 

Board may make and enforce rules for 
vaccination. 

Display of U. S. flag. 

Terms of office of existing officers of 
boards of education (1904). 



Sec. 3970-10. [School elections; separate ballots and ballot- 
bcxes; returns and canvass of vote.] The election of members of 
boards of education shall be governed and controlled by the general elec- 
tion laws of the state. There shall be separate poll-books and tally-sheets 
used for all elections for school purposes, and the ballots of the electors 
at said elections shall be deposited in a separate ballot-box. In city school 
districts the ballots for each subdistrict shall contain the names of the 
candidates for member of the board of education from such subdistrict 
and also the names of the candidates to be elected at large. Returns of 
all school elections shall be made to the clerk of the board of education 
not less than five days after the election, and it shall be the duty of the 
board of education to canvass said returns at a meeting to be held on the 
second Monday after the election, and the result thereof shall be entered 
upon the records of the board ; in case of a tie vote, the same shall be 
decided by said board of education, by lot. (97 v. 354; 91 v. 182.) 

(3970-10). Sec. 1. [Form of ballot and manner of voting in school 
elections.] That the names of all the candidates for members of the 
board of education of any school district in the state of Ohio, however 
nominated, shall be placed on one independent and separate ballot, with- 
out any designation whatever, except for member of board of education, 
and the number of members to be elected. 

A cross shall be placed at the left of the name o*f each candidate 



64 OHIO SCHOOL LAWS. 

Ch. 7. Provisions Applying to all Boards. 



for whom the elector desires to vote. The person having the highest 
number of votes shall be declared elected a member of the board of 
education, and the next highest, and so on until the number of members 
required to be elected shall have been selected from the number having 
the highest number of votes. 

Sec. 2. [Arrangement of names of candidates on tickets used in 
election of members of board of education.] The ballots shall be 
printed and prepared as follows : The whole number of ballots to be 
printed for the school district shall be divided by the number of candidates 
for member of board of education of the school district, and the quotient 
so obtained shall be* the number of ballots in each series of ballots to be 
printed as follows : The names of candidates shall be arranged in alpha- 
betical order and the first series of ballots printed. Then the first name 
shall be placed last and the next series printed, and so shall the process be 
repeated until each name shall have been first. These ballots shall then be 
combined in tablets with no two of the same order of names togther, 
except when there is but one candidate. (98 v. 116.) 

Sec. 3970-11. [Notice of elections.] The clerk of each board 
of education shall publish a notice of all school elections in a newspaper 
of general circulation in the district, or post written or printed notices of 
said elections in five public places in the district, at least ten days before 
the holding of the same, which notices shall specify the time and place 
of such election and the number of members of the board of education 
to be elected and the term for which they are to be elected, or the nature 
of the question to be voted upon. (97 v. 354.) 

Sec. 3970-12. [Women may vote and be voted for, for school 
officers.] Every woman born in the United States, or who is a wife 
or daughter of a citizen of the United States, who is over twenty-one 
years of age and possesses the necessary qualifications in regard to resi- 
dence, as is provided for men, shall be entitled to vote, and to be voted 
for, for member of the board of education and upon no other question. 
The law relating to registration shall apply to women upon whom the 
right to vote is conferred, but the names of such women may be placed 
on a separate list. (97 v. 354; 91 v. 182.) 

The constitutional power of the legislature to provide for common schools is not limited 
by the definition ot elector in Const., V, Sec. 1, .and the right to vote for school officers may- 
be conferred on women. 9 C. C, 134. 

This section limits the voting privileges of women. It does not entitle them to vote oh 
such questions as special tax levy, bond issue, erection of public buildings, etc., although the 
same be for school purposes. 

Sec. 3971. [Corporate powers of board of education; sales of 
property exceeding three hundred dollars in value; exchange of real 
estate with municipal corporation.] The board's of education of all 



OHIO SCHOOL LAWS. 65 



Provisions Applying to all Boards. Ch. 7. 

school districts now organized and established, and of all school dis- 
tricts organized under the provisions of this title, shall be and they are 
hereby declared to be bodies politic and corporate,- and, as snch, capable 
of suing and being sued, contracting and being contracted with, acquir- 
ing, holding, possessing, and disposing of property, both real and per- 
sonal, and taking and holding in trust, for the use and benefit of such 
districts, any grant or devise of land, and any donation or bequest of 
monev or other personal property, and of exercising such other powers, 
and having such other privileges as are conferred by this title ; but when 
a board of education decides to dispose of any property, real or personal, 
held by it in its corporate capacity, exceeding in value three hundred dol- 
lars, it shall sell the same at public auction, after giving at least thirty 
days' notice thereof, by publication in some newspaper of general circula- 
tion, or by posting notices in five of the most public places in the district 
in which such property is situate. Provided, that when such board has 
twice offered a tract of real estate for sale at public auction, as herein- 
before provided, and the same is not sold, the board may sell said real 
estate at private sale, either as an entire tract, or in parcels thereof, as the 
board may deem best, and the president and secretary of the board shall 
execute and deliver the deed or deeds necessary to complete such sale 
or sales. Provided, that upon a vote of a majority of the members of any 
board of education, and a concurring vote of the council of any municipal 
corporation, that an exchange of any real estate held by such board of 
education for school purposes, for real estate held by such municipal cor- 
poration for municipal purposes, will be mutually beneficial to such school 
district, and to such municipal corporation, such exchange may be made 
by conveyances, to be executed by the mayor and clerk of the municipal 
corporation, and by the president and clerk of such board of education. 
(1888, March 30; 85 v. 133; 80 v. 36; Rev. Stat. 1880; 70 v. 195,. 
§37; S. & C. 1350.) 

Sec. 2S34&. The commissioners of any county, the trustees of 
any township and the board of education of any school district, 
except in cities of the first class of first, second and third grade, 
shall enter into no contract, agreement, or obligation involving the 
expenditure of money, nor shall any resolution or order for the 
appropriation or expenditure of money be passed by any board 
of county commissioners, township trustees or board of educa- 
tion, except in cities of the first class, of first, second and third 
grade, unless the auditor or the clerk thereof shall first certify that 
the money required for the payment of such obligation or ap- 
propriation is in the treasury to the credit of the fund from which 
it is to be drawn, or has been levied and placed on the duplicate, 
and in process of collection and not appropriated for any other 
purpose; which certificate shall be filed and immediately re- 
corded, and the sums so certified shall not thereafter be consid- 
ered unappropriated until the county, township or board of edu- 
cation, except in cities of the first class, of first, second or third 
grade, is fully discharged from the contract, agreement or obliga- 

5 O. S. L. 



66 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 



tion, or so long as the order or resolution is in force, and all con- 
tracts, agreements or obligations, and all orders or resolutions 
entered into or passed contrary to the provisions of this section 
shall be void. Provided that none of the provisions of this section 
shall apply to the contracts authorized to be made by other pro- 
visions of law for the employment of teachers, officers, and other 
school employes of boards of education. 
Penalty for members of board of education receiving compensation, see Sec. 6975, under 
39T4. 

For "an act to authorize certain boards of education to sell real estate at private sale 
to municipal corporations," see 81 v. 93. 

For "an act to authorize the use of school houses for literary entertainments, school 
exhibitions, singing schools, and religious exercises," see Sec. 3987-1. 

A board of education is not liable, in its corporate capacity, for damages for an injury 
resulting to a pupil while attending a common school, from its negligence in the discharge of 
its official duty in the erection and maintenance of a common school building under its charge, 
in the absence of a statute creating a liability. 30 O. S., 37. 

A dedication for school purposes is for a specific use, and confers no power of aliena- 
tion so as to extinguish the use. 18 O. S., 221. 

Boards of education are invested with the title to the property of their respective dis- 
tricts in trust for the use of public schools; and a lease of a public school house for the 
purpose of having a private or select school taught therein, for a term of weeks, is in viola- 
tion of the trust; and such use may be restrained at the suit of a resident taxpayer of the 
district. 35 O. S., 143. 

Where land was conveyed to a township board of education, its successors and assigns, 
for the use of school purposes only, and the board afterward sold the land at public outcry 
to C. ; Held, that the sale was not in violation of the terms of the grant. 37 O. S., 262. 

The board of education being a legal entity empowered to sue, has capacity to sue its 
defaulting treasurer without resorting to his bond. 51 O. S., 115. 

An officer acting within the scope of his authority is only responsible for an injury re-' 
suiting from a corrupt motive. 17, O., 402. 

A board of education is not subject to quo warranto, since it cannot be ousted; it is not 
such a corporation as R. S., Sec. 6761, contemplates, but a state agency. 7 C. C, 152. 
Corporations must take and grant by their corporate names. 2 Kent, 11 Ed., 351. 

Sec. 3972. [Title of property vested in boards of education ; res- 
olutions and orders to remain valid until changed; contracts, bonds 
and tax levies protected.] All property, real or personal, which has 
heretofore vested in and is now held by any board of education for the 
use of public or common schools in any district, is hereby vested in the 
board of education provided for in this title, having under this title juris- 
diction and control of the schools in such district ; and all resolutions 
and orders passed by any board of education shall remain in full force 
and effect until duly altered or repealed, and nothing in this act con- 
tained shall be construed to in any way affect the validity of any con- 
tract made nor bonds or certificates of indebtedness issued, by any board 
of education of any school district, whether created under the provisions 
of a general or a special act ; and all school funds, whether arising from 
taxation, sale of bonds, or otherwise, in the hands of or belonging to any 
board of education of any school district, whether created under the pro- 
visions of a general or a special act, and all taxes levied by any such board 
not collected, shall be transferred to the credit of the board of education 
elected, under the provisions of this act, to succeed the board having such 



OHIO SCHOOL LAWS. 67 



Provisions Applying to all Boards. Ch. 7. 

funds to its credit or which made the levy for the uncollected taxes. (97 
v. 354; 70 v. 195, §39.) 

Penalty for defacing school property; Sec. 6877. 

Penalty for burning school property; Sec. 6831. 

Penalty for burglarizing school house; Sec. 6835. 

Penalty for attempting to commit felony in school house; Sec. 6836. 

Penalty for breaking into school house to steal; Sec. 6837. 

Penalty for disturbing meetings; Sec. 6896. 

Leasing and selling school lands granted by the government; Sees. 1403-1440. 

Under the act of May 1, 1873, the corporate boards of education therein provided for 
succeed to all existing rights of action in relation to the common school property and funds 
which were theretofore vested, by previous legislation, in other agencies to whose control such 
property and funds had been confided. 26 O. S., 571. 

See 35 O. S., 143, under Sec. 3971. 

See 41 O. S., 680, under Sec. 3888. 

Sec. 3973. [School property exempt from taxation.] All prop- 
erty, real or personal, vested in any board of education, shall be exempt 
from tax, and from sale on execution, or other writ or order in the 
nature of an execution. (70 v. 195, § 72.) 

Non-taxation of school property; Sec. 2732, R. S. 

Provisions relating to taxation of school, ministerial, and other lands; Sec. 2733, R. S. 

School property is not liable to assessment for street improvement; nor can a judgment 
be rendered against the board of education for the payment of the assessment out of its con- 
tingent fund. 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 

Property purchased by a board of education, and upon which there is a mortgage lien, 
may be sold on foreclosure. 39 B., 76; Aff'd by Supreme Court. 

Sec. 3974. [Conveyances and contracts.] All conveyances made 
by a board of education shall be executed by the president and clerk 
thereof ; no member of a board shall have any pecuniary interest, either 
direct or indirect, in any contract of the board, or be employed in any 
manner for compensation by the board of which he is a member, except 
as clerk or treasurer; and no contract shall be binding upon any board 
unless it be made or authorized to be made at a regular or special meet- 
ing of the board. (70 v. 195, §§ 21, 38.) 

Penalty for member of board being interested in contract for the purchase of property, 
supplies or fire insurance; Sec. 6969. 

Sec. 6975. A member of a board of education organized under 
any law of this state who accepts or receives any compensation for 
his services as such member, except as clerk or treasurer of such 
board shall be deemed guilty of embezzlement of the amount so 
received, and punished accordingly. 
The individual act of a majority of the members of a school board acting separately— 
as signing a contract— are not the corporate acts of the board and do not bind it. 22 O. S., 144. 
A contract by a firm to sell goods to a board of education, one member of which board 
is a partner in the firm, is void under Sec. 3974, and any resident taxpayer may obtain i«- 
j unction against payment thereof. 1 N. P., 145. 

The failure of an officer to attach his official title to his signature, will not affect the 
instrument so far as the district is concerned; provided, the contract was authorized, and 
made for the district, and this fact can be shown. 

School property should be insured, but not in a company represented by a member of 
the board. See Sec. 6969, R. S. Attorney General. 



68 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 

Sec. 3975. [Boards of education may accept bequests, gifts or 
endowments; limitation on same.] Any board of education may, 
by the adoption of a resolution, accept any bequest made to them by 
will or may accept any gift or endowment from any pereson or cor- 
poration, upon the conditions and stipulations contained in the will or 
connected with the gift or endowment ; and for the purpose of 
enabling such boards to carry out the conditions and limitations upon 
which the bequest, gift or endowment is made, they are authorized 
to make all rules and regulations that may be required to fully carry 
into effect the provisions of said bequest, gift or endowment ; but no 
such bequest, gift or endowment shall be accepted by any board of 
education when the conditions of the same shall remove any portion 
of the public schools from under the control of said board. (97 v. 335 ; 
73 v. 205, § 2.) 

Sec. 3976. [Process against boards and how served.] The pro- 
cess in all suits against a board of education shall be by summons, and 
shall be served by leaving a copy thereof with the clerk or president of 
the board. (70 v. 195, § 68.) 

Sec, 3977. [Prosecuting attorney and city solicitor to act as 
legal adviser of boards of education.] The prosecuting attorney 
shall be the legal adviser of all boards of education in the county in 
which he is serving, except in city school districts, he shall prosecute 
all actions against a member or officer of a board of education for 
malfeasance or misfeasance in office, he shall be the legal counsel of 
said boards or the officers thereof in all civil actions brought by or 
against them and shall conduct the same in his official capacity ; pro- 
vided, that when said civil action is between two or more boards of 
education in the same county said prosecuting attorney shall not be 
required to act for either of them. In city school districts the city 
solicitor shall be the legal adviser and attorney for the board of edu- 
cation and shall perform the same services for said board of educa- 
tion as is herein required of prosecuting attorneys for other boards of 
education. The duties herein prescribed shall devolve upon any official 
serving in a capacity similar to that of prosecuting attorney or city 
solicitor for the territory wherein a school district is situated, regard- 
less of his official designation. No prosecuting attorney, city solici- 
tor or other official acting in a similar capacity shall be a member 
of the board of education. No compensation in addition to such officers' 
regular salary shall be allowed for such services. (97 v. 355 ; 1882, March 
2 ; 79 v. 26 ; Rev. Stat. 1880 ; 70 v. 195, § 69.) 

It has been held by attorneys for the state that, since a board of education by the pro- 
visions of section 3971 is a body politic and corporate, and is vested with the power of suing 
and being sued, it is authorized, by implication, to employ legal counsel to assist the prose- 
cutor in any case in which the board is plaintiff or defendant. 



OHIO SCHOOL LAWS. 



63 



Provisions Applying to all Boards. Ch. 7. 

Sec. 3978. [Special meetings, how called.] A special meeting 
of a board of education can be called by the president or clerk of the 
board or by any two members thereof, by serving a written notice 
of the time and place of such meeting upon each member of the board, 
either personally or at his residence or usual place of business, said 
notice to be signed by the official or member calling the meeting. (97 
v. 355; 93 v. 47; 89 v. 95; 70 v. 195, § 43.) 

Sec. 3979. [Oath of members and other officers.] Each person 
elected or appointed a member of a board of education, or elected or 
appointed to any other office under this title, shall, before entering 
upon the duties of his office, take an oath or affirmation to support the 
constitution of the United States and the constitution of the state of 
Ohio, and that he will perform faithfully the duties of his office ; which 
oath or affirmation may be administered by the clerk or any member 
of the board. (71 v. 15, § 42.) 

A person so elected may appear before any person authorized by 'law to administer an 
oath, and may take his oath of office. This should be done in case the member-elect is, for 
any reason, unable to attend the meeting for organization. The certificate of the officer ad- 
ministering the oath should be sent to the board and copied in the records, to obviate all 
questions. For the same reason, a record should be made of the oath administered to each 
member. 

Officers who have sworn to perform official duties may be compelled to perform them by 
writ of mandamus. This writ issues from the supreme, district or common pleas court. R. S., 
section (5742, as amended 1S80. 

They also may be restrained from doing illegal acts under color of authority as officers, 
by writ of injunction. This writ issues from the supreme or - common pleas court, or a judge 
of either; or from the probate court, in case none of the above named judges are in the 
county. R. S., section 5573. 

But to boards of education is left large discretion as to the manner of performing their 
official duties, and courts will not interfere with this discretion. 23 O. S., 211. 

Officers required by law to exercise their judgments, are not answerable for mistakes 
of law or mere errors of judgment, where there is neither fraud nor malice. Jenkins v. Wal- 
dron, 11 Johnson's Rep., 114. 

An officer acting within the scope of his authority is only responsible for an injury re- 
sulting from a corrupt motive. 17 Ohio, 402. 

A public officer who is required by law to act in certain cases, according to his judgment 
or opinion, and subject to penalties for his neglect, is not liable to a party for an omission 
arising from a mistake or want of skill, if acting in good faith. Seamen v. Patten, 2d Cain's 
Rep., 312. 

Btrt an officer entrusted by the common law or by statute is liable to an action for neg- 
ligence in the performance of his trust or for fraud or neglect in the execution of his office. 
Jenner v. Joliffe, 9 John Rep., 381. 

The performance of any act prohibited by statute, or any willful neglect of duty, and 
for which no penalty is provided by enactment, is a misdemeanor. 

For the number of votes necessary in the election of officers of the board, see section 3982. 

President and clerk of township boards to attend December meeting of township trustees; 
Sec. 1458. 

Inspection of school funds in case of non-attendance of president and clerk as required by 
Sec. 145S; see Sec. 1511. 

Sec. 3980. Repealed 97 v. 379. 

Sec. 3981. [Vacancies in board of education, how filled.] Vacan- 
cies in any board of education arising from death, non-residence, resig- 
nation, removal from office, failure of person elected or appointed to 



70 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 

qualify within ten days after the organization of the board or of his 
appointment, removal from the district, or from other cause, shall be 
filled by the board of education at its next regular or specal meeting 
or as soon thereafter as possible for the unexpired term. A majority 
vote of all the remaining members of the board can fill any vacancy 
or vacancies that may exist in said board. (97 v. 355; 93 v. 48; 89 v. 
95; 88 v. 54; 70 v. 195, § 43.) 

A resignation takes effect from its date and not from its acceptance, at least to authorize 
filling the vacancy, the common law rules requiring an 'acceptance being abrogated in Ohio 
except where otherwise specially provided. 51 O. S., 74. 

Where one, elected to an office, dies before his term begins, no vacancy is thereby created 
iji the office until the end of the term of the existing incumbent; and if this falls within thirty 
days of the next proper election (Sec. 11, R. S.), the vacancy cannot be filled by an election 
thereat. 55 O. S., 195. 

Temporary absence from home will not vacate an office; but if such absence creates em- 
barrassment the holder ought to resign. 

Vacancies in a board of education should be filled at the earliest possible date, and before 
the transaction of business by the board. 

Sec. 3982. [Quorum; majority of all members required in cer- 
tain cases; roll call; pay roll.] A majority of the board of education 
shall constitute a quorum for transaction of business; upon a motion 
to adopt a resolution authorizing the purchase or sale of property, 
either real or personal, or to employ a superintendent, teacher, jani- 
tor, or other employe, or to elect or appoint an officer, or to pay any 
debt or claim, or to adopt any text book, the clerk of the board shall 
call, publicly, the roll of all the members composing the board, and 
enter on the record required to be kept the names of those voting "aye" 
and the names of those voting "no" ; if a majority of all the members 
of the board vote "aye," the president shall declare the motion car- 
ried ; and upon any motion or resolution any member of the board may 
demand the yeas and nays, and thereupon the clerk shall call the roll 
and record the names of those voting "aye" and those voting "no," 
provided, that boards of education may provide for the payment of 
superintendents, teachers and other employes by payroll if deemed 
advisable, but in all cases the roll call and record, provided for herein 
shall be complied with. (97 v. 356; 71 v. 15, § 42.) 

Records of quasi corporations are not considered of that absolute verity that parol testi- 
mony is inadmissable to show facts upon which the record is silent. 5 O., 136. 

See 22 O. S., 144, under Sec. 3974. 

An agreement by members of a township board of education, acting in their individual 
capacity, to purchase from another person apparatus for the schools of the township, and to 
ratify such contract of purchase at the next meeting of the board, is contrary to public policy, 
and therefore illegal and void, and not enforceable either against the board or the members 
thereof as individuals. 29 O. S., 419. 

The order of the clerk on the treasurer is not negotiable, and the written acceptance of 
an order by a treasurer who has gone out of office imposes no greater obligation on the treasurer 
to pay than if it had been presented without such endorsement. 22 O. S., 144. 

Calling the roll and entering the "ayes" and "noes" is mandatory else the election is void. 
62 O. S., 138. 



OHIO SCHOOL LAWS. 71 



Provisions Applying to all Boards. Ch. 7. 



Wliere the minutes show the aye and nay vote and how each member voted but does not 
State expressly that the roll was called, this is sufficient compliance with this section. 13 C. 
C, 207. 

An election to fill a vacancy on the board is not an election of an officer and would not 
come under the provisions of this section. 

In case a board should really lose half or more of its members, the county commis- 
sioners must keep up the schools. As they may do all that a board could do, they may appoint 
a new board, or members enough to proceed with the appointments to the . completion of a 
new board; see Sec. 3969. 

In all cases except those which are declared to require a majority of all the members 
composing the board, a majority of a quorum is sufficient to pass a measure, and the roll need 
not be called unless demanded by a member of the board. 

No member of a board can delegate his power to act to another person, either a member 
of the board or otherwise. It is said that this is sometimes done. But acts depending on such 
delegated votes are void. For heavy penalty attached to such assumption of official duty, see 
Revised Statutes, Sec. 6913. 

Sec. 3983. [Absence of president or clerk.] If, at any meeting 
of the board, either the president or the clerk is absent, the members 
present shall choose one of their number to serve in his place pro 
tempore ; and if both are absent, both places shall be so filled ; but on 
the appearance of either at the meeting, after his place has been so 
filled, he shall immediately assume the duties of his office. (70 v. 195 ; 

§ 31.) 

Sec. 3984. [Record of proceedings and attestation thereof.] The 

clerk of the board shall record the proceedings of each meeting, in a 

book to be provided by the board for that purpose, which shall be a 

public record ; the record of proceedings at each meeting of the board 

shall be read at its next meeting, corrected if necessary, and approved, 

and the approval shall be noted in the proceedings ; and after such 

approval the president shall sign the record, and the clerk shall attest 

the same. (70 v. 195, § 29; 71 v. 15, § 42.) 

A board of education can speak only through its records, and these must accordingly be 
complete, showing just what the board did, and no more. A motion made by a member, sec- 
onded by another member, stated by the president, and voted on by the board, is business, 
and is to be recorded, though not a single member voted for it. Any vote upon it, as to 
refer, to postpone, or to lay upon the table, is action, and should be recorded. If the board 
adjourn pending the consideration of the motion, the motion should be recorded. If the mover 
withdraws the motion, by consent of the board, by general consent it may also be omitted from 
the records. 

The records of a special meeting should state by whom the meeting was called, as the 
legality of the proceedings depends upon the legality of the call. 

If a record is inadequately entered, parol evidence may, it seems, be admitted to show 
that action was taken which is not found on the records at all. The commissioner of schools 
of Rhode Island decided, under instruction of Judge Brayton, of the supreme court, that "im- 
perfections in a clerk's record of a resolution do not render invalid a tax properly voted." 
Yet all these imperfections in the record lead to trouble — some litigation, often to questions 
which only courts of law can decide, and in which their decision may be such as to defeat 
what was attempted to be done in the case. 

The power to amend the records exists with the clerk while he is in office, but not after 
his term expires, nor for any purpose other than to make them truthful and complete as to 
fact. 11 Mass., 477; 17 Maine, 444. 

Records of quasi corporations are not considered of that absolute verity that parol testi- 
mony is inadmissible to show facts upon which the record is silent. 5 Ohio, 136. 

Recording of vote in certain cases; see Sec. 3982. 

See 5 O., 136, under Sec. 3982. 



72 OHIO SCHOOL LAWS. 



■Ch. 7. Provisions Applying to all Boards. 

Where a board at a regularly called meeting, makes a contract with a qualified teacher, 
but no record is made of the proceedings, the teacher may prove, if he can do so by com- 
petent paroled testimony, such official action of said board. 3 C. C, 517. 

Sec. 3985. [Boards to make rules ; illegal meetings.] The board 
of education of each district shall make such rules and regulations 
as it may deem necessary for its government and the government of 
its appointees and the pupils of the schools; and no meeting of a board 
of education not provided for by its rules or by law shall be legal unless 
all the members thereof have been notified as provided for in section 
thirty-nine hundred and seventy-eight. (97 v. 356; 70 v. 195, § 54.) 

As the act authorizing the board to make rules does not provide how they shall be en- 
forced, the board has discretionary power over the subject. A rule that a pupil not prepared 
with a rhetorical exercise should be suspended unless excused for cause is reasonable. Neither 
the board nor the teacher suspending a pupil under such rule is liable for damages. 29 O. S., 89. 

The rules must not be inconsistent with Sec. 3982, 52 O. S., 138, 149. 

See 2 C. C, 510, under Sec. 4020-14. 

If a deliberative body adopts rules, but no rule for suspending a rule, a suspension can- 
not be by a bare majority, fo the rule would then l^ave no force as a rule. 2 C. C, 510, 517. 

Corporal punishment may be inflicted if such are the rules of the school, and an unknown 
predisposition to certain diseases will not make an otherwise proper punishment tortuous. 4 B., SI. 

A reporter is on the floor of a school board as a privilege and not as a right, a gallery 
being provided for the rest of the public, and the board may expel him. 9 B., 242. 

SCHOOL DISCIPLINE. 

The conduct of the pupils, upon any pjyt of the premises connected with the school house 
or in the immediate vicinity of the same (the pupils being thus virtually under the care of the 
teacher), whether within the regular school hours or before or after them, is properly cog- 
nizable by the teacher. And any disturbance made by them wlchin the range injuriously af- 
fecting in any way the interests of the school, may clearly be the subject of reproof and cor- 
rection by the teacher. Barden, School Law, p. 79. 

The right of a schoolmaster to correct his scholars has always been practically and judi- 
cially sanctioned, but the chastisement must not exceed the limits of moderate correction; and 
though courts are bound, with a view to the maintenance of necessary order and decorum in 
schools, to look with all reasonable indulgence upon the exercise of this right, yet, whenever 
the correction shall appear to have been cleary excessive and cruel, it must adjudged illegal. 
19 Vt., 10S. 

The parent may be said to exercise a judicial authority in determining what punishment 
by himself, is proper for his child, but is liable, criminally, in a clear case of excess. Johnson 
v. State, 2 Hump, 2S3. The teacher also acts judicially in such a case, and is not to be made 
liable, civilly or criminally, unless he acted with express malice, or was guilty of such excess 
that malice must be implied. 2 Dev. and Bat., 365; 4 Ind. R., 290. 

Whether under the facts the punishment is excessive, must be left to the jury to decide. 
Commonwealth of Massachusetts v. Randall, 4 Gray, 38. 

If the effects of acts done out of school houses reach within the school-room during school 
hours, and are detrimental to good order and the best interests of the pupils, it is evident that 
such acts may be forbidden. 31 la., 562. 

Though a schoolmaster has, in general, no right to punish a pupil for misconduct com- 
mitted after the dismissal of school for the day and the return of the pupil to his home, yet 
he may on the pupil's return to school, punish him for any misbehavior, though committed 
nut of school, which has a direct or immediate tendency to injure the school and to subvert 
the master's authority. 32 Vt., 114. 

While the decisions in Ohio are very limited on this subject, it seems to be the consensus 
of opinion throughout the different states that the teacher's authority over a pupil extends to 
all actions taking place in the immediate vicinity of the school; that on the pupil's way to 
and from school the authority of the parent and teacher is concurrent, the parent taking pre- 
cedent when both are present, and that the teacher can call a pupil to account for misconduct, 
committed at any time, tending to impair the usefulness of the school or to subvert the teacher's 
authority. 



OHIO SCHOOL LAWS. 73 



Provisions Applying to all Boards. Ch. 7. 



A court may review the action of a board and pass upon the reasonableness of any 
of its rules, but if they have erred, while discharging their duty in good faith, they are not 
liable to action therefor. 32 Vermont, 224. 

The act of the board of education and the teachers, in matters of organizing, grading, 
and governing the school, will be conclusive, unless the power is abused or perverted under 
some apparently reasonable pretense. 23 Pick., 224; 2 Cushing, 19S. 

"A teacher, in the exercise of the power of corporal punishment, must not make such 
power a pretext for cruelty and oppression; but the cause must be sufficient, the instrument 
suitable, and the manner and extent of the correction, the part of the person to which it is 
applied, and the temper in which it is inflicted, should be distinguished with the kindness, 
prudence, and propriety which become the station." Cooper v. McJunkin, 4 Ind., 290. 

A schoolmaster is not relieved from liability in damages for the punishment of a scholar 
which is clearly excessive and unnecessary, by the fact that he acted in good faith and without 
malice, honestly thinking that the punishment was necessary, both for the discipline of the school 
and the welfare of the scholar. 

If there is any reasonable doubt whether the punishment' was excessive, the teacher should 
have the benefit of the doubt. Lander v. Seaver, 32 Vt. R., 123; Wharton's American Crim. 
Law, 1259, and 1 Sanders on PL Ev., 144. 

In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the superior court of 
Cincinnati, Judge Ifarmon, in charging the jury, used the following language: 

"If the jury should find the defendant did not, in View of all the circumstances, inflict 
a greater degree of punishment upon the plaintiff's son than she was fairly entitled to do, 
and was proper, of course they must find for defendent. But, if they should find she 
did go beyond that, then it would be necessary to go further and inquire into the damages 
that should be allowed. The law holds a person responsible only for the natural and ordinary 
consequences of his acts, these consequences which the law presumes ■ he might or should have 
foreseen at the time he committed the act. Therefore, it might make a difference in the amount 
of their finding if it should appear that the child was afflicted with or predisposed to certain 
diseases, and the defendant had no notice thereof from his parents, the boy himself, his ap- 
pearance, or otherwise. If the defendant, from the knowledge she had of the boy and his 
appearance, would be justified in supposing him to be like other boys of bis age, and inflicted 
only a proper punishment, then she would not be liable at all, even though unfortunately some 
hidden defect in the boy's constitution should cause injury to his health to follow. Or, if 
they should find for the plaintiff, this fact of ignorance on her part would prevent her from 
being liable for any consequence arising from such weakness or predisposition in the boy, of 
which she was ignorant in fact, and of which his appearance furnished no warning. It is the 
duty of parents who send their children to school, whose health or disposition would render the 
punishment permitted by the rules of the school dangerous or improper, to see the teacher is 
informed of the fact." 

Sec. 3986. [Board may make and enforce rules for vaccination.] 

The board of each district may make and enforce such rules and 
regulations to secure the vaccination of, and to prevent the spread of 
smallpox among the pupils attending or eligible to attend the schools 
of the district, as in its own opinion the safety and interest of the public 
require ; and the boards of health and councils of municipal corporations, 
and the trustees of townships, shall, on application of the board of edu- 
cation of the district, provide at the public expense, without delay, the 
means of vaccination to such pupils as are not provided therewith by 
their parents or guardians. (69 v. 22, § 1.) 

Sec. 3986-1. [Display of U. S. flag.] All boards of education be 
authorized and required to display the U. S. national flag upon all school 
houses under their control, during all day school sessions in fair weather, 
and to be displayed on the inside of the school house on all other days, 
and said boards of education shall make all rules and necessary regula- 



74 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 

tions for the care and keeping of such flags, the expense of the same to 
be paid out of the contingent funds of such boards. (92 v. 86.) 

Sec. 3. [Terms of office of existing officers of boards of educa- 
tion, 1904.] All existing officers of boards of education and school 
councils shall hold their respective offices until boards of education are 
elected and organized under the provisions of this act; but no officer 
elected or appointed to fill a vacancy occurring in any such office shall 
be appointed to serve for a longer period than that ending on the 31st 
day of August, 1905. (97 v. 379.) 



OHIO SCHOOL LAWS. 



75 



School Houses and Libraries. 



Ch. 8. 



CHAPTER VIII. 



SCHOOL HOUSES AND LIBRARIES. 



Section. 

3987. School houses. 

3987-1. Regulating use of school houses. 

3988. Directions for bidding and for letting 

contracts. 

3989. Repealed. 

3990. When boards may appropriate prop- 

erty. 

3991. Bond issue, vote on. 

3992. Bond issue, when election favorable. 
3998. Tax levy for bonds to be certified to 

county auditor. 

3994. Bond issue without vote; limitations. 

3995. Repealed. 

3996. Repealed. 

3997. Repealed. 

3998. Repealed. 

399§-l. Boards of education authorized to pro- 
vide for establishment, etc., of pub- 
lic library; taxation. 

3998-2. Board of library trustees; how con- 
stituted; qualifications; term; va- 
cancies; compensation; powers, etc. 

3998-3. When library to be under control of 
such board. 

3998-4. Library fund; how provided and 
maintained; payment from. 

3998-5. Board of education may contract with 
library association for use of li- 
brary. 

3998-6. School library. 

3998-7. Museum. 

3998-8. Taking effect; existing law. 

3998-9. City board of education may acquire 
private library; shall be made a 
public library; board of managers; 
vacancies in board. 

3998-10. Powers and duties of managers. 

3998-11. Organization of board; librarian and 
assistants. 

3998-12. Tax levy; expenditure of funds. 

3999. In certain cities board may appoint 

managers of library; board of 
trustees in Cincinnati ; _ how ap- 
pointed; terms; vacancies. 

3999a. Residents of Hamilton county en- 
titled to use of city library. 

3999fr. Powers of trustees in Cincinnati; 
employment of librarian and assis- 
tants. 

3999c. Tax for library purposes in Cincin- 
nati. 

3999c-l. Provisions relating to tax and ex- 
penditures for library purposes in 
Cincinnati. 

3999tf. Disposition of unexpended funds 
heretofore raised for library pur- 
poses in Cincinnati. 

3999e. Who ineligible as members of library 
board. 

3999/. Carnegie donation; library trustees 
may accept. 

3999g. Bonds for sites, equipment, etc., of 
libraries. 

3999/;. Power of trustees to lease or pur- 
chase sites, etc., contracts for 
branch libraries; title to property. 

3999/. Exemption from taxes, execution, etc. 
Donations, bequests, etc. 
Powers of trustees to control funds, 
contract for buildings, etc. 

3999/. Officers of trustees; depository of 
funds, etc. 

4000. Cleveland public library board. 



Section. 

4001. Powers and duties of library board. 

4002. Library tax and how expended. 
4002-1. Cleveland library board to hold title 

and control property. 
4002-2. Can purchase, lease or condemn. 
4002-3. Proceedings to condemn. 
4002-4. Donations. 

4002-5. Exempt from tax and execution. 
4002-6. Oath. 
4002-7. Organization. 
4002-8. Annual report. 

4002-9. No member of board to be interested 
in contract, except; validity of 
contract. 
Use of library and reading room. 

Bonds to pay for land and buildings. 

Resolution to issue; sale of. 

Sinking fund. 

Trustees of such sinking fund. 

Their organization. 

Their duty to certify tax. 

Investments by. 

One tenth of one mill may be appro- 
priated in certain cities for main- 
taining public library; proviso. 

Establishment of Toledo public li- 
brary; tax for library fund. 

Repealed. 

Board of trustees. 

Transfer of libraries to_ such board 
by the board of education. 

Organization of trustees; regula- 
tions; powers; deposit of library 
funds; warrants; power to pur- 
chase or condemn grounds; issue 
and sale of public library building 
bonds; payment of said bonds and 
interest; title to grounds pur- 
chased; librarians and assistants. 

Additional bonds authorized to be is- 
sued for certain purposes. 

Purchase of site for library. 

Appropriation of private property. 

Additional building bonds. 

Said library to be free subject to 
reasonable rules. 

Annual report to city council. 

Penalty for injuring library property. 

Power of trustees to accept devises, 
donations, etc. 

Dayton public library board; elec- 
tion of. 

Politicai composition of; terms; vote 

required fo elect. 

Powers and duties. 

Expenses of library for ensuing year. 

Tax for library fund; custodian; 
disbursements and balance. 

Provisions governing board. 

Museum may be established. 

Certain cities and villages may have 
library; tax. 

Directors. 

Organization, by-laws, etc.; control 
of expenditures; custody of build- 
ing; how money drawn from 
treasury; librarian and assistants. 

Who may use library. 

Annual report. 

Donations. 

Tax to assist existing library asso- 
ciation. 



4002-10. 
4002-11. 
4002-12. 

400.2-13. 
4002-14. 
4002-15. 
4002-16. 
4002-17. 
4002-18. 



4002-20. 
4002-21. 
4002-22. 

4002-23. 



4002-24. 

4002-25. 
4002-26. 
4002-27. 
4002-28. 

4002-29. 
4002-30. 
4002-31. 

4002-32. 

4002-33,. 

4002-34. 
4002-35. 
4002-36. 

4002-37. 
4002-38. 
4002-39. 

4002-40. 
4002-41. 



4002-42. 
4002-43. 
4002-44. 
4002-45. 



76 OHIO SCHOOL LAW'S. 



Ch. 8. School Houses and Libraries. 



Section. 

4005. Powers and duties of such commit- 

tee. 

4006. Powers and duties of library com- 

mittees in Portsmouth. 
Sections 1 and 2 of an act to transfer 

library from municipality to school 

district. 
Township trustees to levy tax for 

library. 



Section. 

4002-46. Library associations in certain cities; 

levy. 
4002-47. Disposition of tax. 
4002-48. Association to render account; power 

to levy tax. 
4092-49. Tax in lieu of other taxes; purchase 

of school apparatus; levy. 

4003. Consolidation of libraries in Ports 

mouth authorized. 

4004. Board of Portsmouth, to appoint li- 

brary committee. 

For schooi house sites in certain villages and cities, see Sec. 2233-1, R. S. 
For public library in certain cities, see Sec. 2680-19, R. S. 
School house clocks, on— shall nin by standard time; see Sec. 4446-4, R. S. 
Penalties for injuries to school property; see notes under Sec. 3972. 

Board of health authorized to inspect sanitary condition and abate nuisances; see Sec. 
2128, R. S. 

Sec. 3987. [School houses.] The board of education of any dis- 
trict is empowered to build, enlarge, repair and furnish the necessary 
school houses, purchase or lease sites therefor, or rights of way thereto, to 
rent suitable school-rooms, provide all the necessary apparatus and make 
all other necessary provisions for the schools under its control ; also, the 
boards shall provide fuel for schools, build and keep in good repair all 
fences inclosing such school houses, plant when deemed desirable shade 
and ornamental trees on the school grounds, and make all other pro- 
visions necessary for the convenience and prosperity of the schools within 
the sub-districts.. (89 v. 95; 83 v. 84; 82 v. 86; Rev. Stat. 1880; 70 v. 
195- § 55-) 

Inspection of school houses as to safety in case of accident or fire; Sees. 256S-2572o. 

Courts of common pleas may authorize an exchange of school lots; Sees. 2675-1-2675-4. 

County commissioners may act as board of education under certain circumstances; Sec. 3969. 

Rules regarding the erection of public buildings; .Sees. 423S-1-423S-5. 

Penalty for destroying plants or trees; Sec. 6880. 

Penalty for using school house without certificate of inspector; Sec. 7010. 

A school board is not liable as such for an injury to a pupil arising from negligence in 
the erection and maintenance of a public school building. 30 O. S., 37. 

See 35 O. S., 143, under Sec. 3971. 

A board of education will be enjoined in the exercise of its discretion where it attempts 
without any valid reason or necessity to expend the public funds for the erection of a new 
school house in another place in the district when the old one is suitable and satisfactory and 
located near the center of the district. 13 C. C, 258. 

See 15 C. C, 5G5, under Sec. 3995. 

What is apparatus? See 51 O. S., 199, under Sec. 3995. 

"School and reading charts"; see 2 C. C, 363, under Sec. 3995. 

The law requires, under severe penalties to be visited on those who have control thereof, 
that "all school houses are to have ample means of convenient egress, and doors opening out- 
ward." For requirements as to certificates regarding the safety of such buildings, and the 
penalties relating to neglect, see Revised Statutes, sections 2568, 2572 and 7010, (amended 1883). 

As to any building otherwise "in a condition dangerous to life or health," see Revised 
Statutes, sections 2128 and 2466. 

Concerning the full power of boards of education, teachers, or other citizens, to secure 
protection against the injury or defacement of "school houses, school yards, trees, fences, gates 
and bars," see Revised Statutes, section 6863, also sections 6877 and 6S96, as quoted under sec- 
tion 3972. Any citizen may prosecute the transgressor in these cases. School houses, school 
furniture, and other school property belonging to the township, and not to the subdistrict, are 
entirely under the legal control of the township board. 

It is the duty of the township board of education to exercise such supervision over the 
school houses in the several subdistricts, as may be necessary to prevent their being used 
in such a manner and for such purposes as may interfere with their use, for the legitimate 
and special purposes for which thev were erected. 



OHIO SCHOOL LAWS. 77 



School Houses and Libraries. Ch, 8. 

Sec. 3987-1. [Regulating use of school houses.] That when, in 
the judgment of any board of education, it will be for the advantage of 
die children residing in any school district to hold literary societies, school 
exhibitions, singing schools, religious exercises, select or normal schools, 
the board of education shall authorize the opening of such school houses 
for the purposes aforesaid. And the board of education of any school 
district shall have discretionary power to authorize the opening of such 
school houses for any other lawful purposes ; provided, however, that 
nothing herein contained shall be construed to authorize any board of edu- 
cation to rent or lease any school house when such rental or lease shall 
in any wise interfere with the public schools in such district, or for any 
purpose other than such as is authorized by this act. (91 v. 44; 89 v. 
147; 87 v. 240; 86 v. 11.) 

Powers of boards of education; Sec. 3971. 

Property to which boards of education have title; Sec. 39T2. 

Leasing a school house for a private school is a violation of the trust, and is not within 
the power of "disposing" of property in Sec. 3971, and a resident taxpayer may obtain injunction. 
35 O. S., 143. 

School houses should not be open for any purpose concerning the moral effect of which 
there is a difference of opinion among the residents of the district. 

Sec. 3988. [Directions for bidding, and for letting contracts.] 
When a board of education determines to build, repair, enlarge or furmsh 
a school house or school houses, or make any improvement or repair pro- 
vided for in this chapter, the cost of which will exceed in city dis- 
tricts, fifteen hundred dollars, and in other districts five hundred dollars, 
except in cases of urgent necessity, or for the security and protection of 
school property, it shall proceed as follows : 

(1) The board shall advertise for bids, for the period of four 
weeks, in some newspaper of general circulation in the district, and two 
such newspapers, if there are so many ; and if no newspaper has a general 
circulation therein, then by posting such advertisement in three public 
places therein, which advertisement shall be entered in full by the clerk, 
on the record of the proceedings of the board. 

(2) The bids, duly sealed, shall be filed with the clerk by twelve 
o'clock, noon, of the last day stated in the advertisement. 

(3) The bids shall be opened at the next meeting of the board, 
be publicly read by the clerk, and entered in full on the records of the 
board. 

(4) Each bid shall contain the name of every person interested in 
the same, and shall be accompanied by a sufficient guarantee of some 
disinterested person, that if the bid be accepted, a contract will be entered 
into, and the performance of it properly secured. 

(5) When both labor and materials are embraced in the work bid 
for, each must be separately stated in the bid, with the price thereof. 



78 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

(6) None but the lowest responsible bid shall be accepted; but 
the board may, in its discretion, reject all the bids, or accept any bid for 
both labor and material which is the lowest in the aggregate for such 
improvement or repair. 

(7) Any part of a bid which is lower than the same part of any 
other bid, shall be accepted, whether the residue of the bid is higher or 
not; and if it is higher, such residue shall be rejected. 

(8) The contract shall be between the board of education and the 
bidders, and the board shall pay the contract price for the work, when 
it is completed, in cash, and may pay monthly estimates as the work 
progresses. 

(9) When two or more bids are equal, in the whole, or in any part 
thereof, and are lower than any others, either may be accepted, but in 
no case shall the work be divided between the makers thereof. 

(10) When there is reason to believe that there is any collusion or 
combination among the bidders, or any number of them, the bids of those 
concerned therein shall be rejected. (97 v. 356; 70 v. 195, § 55.) 

Letting contracts for school houses when cost amounts to $10,000 or more; see Sec. 794, R. S. 

Where the board awarded a contract to build a school house to the lowest responsible bid- 
der for the whole work, but whose bid was defective, in that it did not state the price sepa- 
rately of labor and materials, and the relator's bid for labor and materials was the lowest 
offered, and yet was defective, in not having a sufficient guarantee, and he had notified the 
board that his bid was for the whole work or none; Held, that relator must show clear, legal 
right in himself, and cannot avail himself of defects in the other's bid; that defects may be 
waived where no public injury is worked thereby; that relator cannot complain that the whole 
work was awarded to a lower bidder, although his bid for a part was the lowest offered. 42 
O. S., 374. 

A bid under this section which separately states the labor and material, with the price 
of each, and with the provision attached that it is to be accepted as a whole, does not comply 
with this section. 4 N. P., 44. 

See 2 C. C, 363, under Sec. 3995. 

The discretion of a board as to what system of apparatus it will put in cannot be con- 
trolled either by mandamus or injunction. Such bids are not competitive. 14 C. C, 15. 

In order that one who has bid on public work can maintain an action of mandamus, he 
must show that he is the one with whom the contract should be made regardless of anybody's 
else rights. 14 C. C, 19. 

A bid on heating and ventilating apparatus need not separately state the cost of labor 
and materials entering into the same. Id. 23. 

When an advertisement for bids for public work is required, the board may reject them. 
13 C. C, 603. 

When an advertisement is not necessary, the board may make such stipulations as it 
desires. Id. 

Sec. 3989. Repealed 97 v. 379. 

Sec. 3990. [When boards may appropriate property.] When it 
is necessary to procure or enlarge a school house site, and the board of 
education and the owner of the proposed site or addition are unable from 
any cause to agree upon the sale and purchase thereof, the board shall 
make an accurate plat and description of the parcel of land which it 
desires for such purpose, and file the same with the probate judge of the 
proper county; and thereupon the same proceedings of appropriation 



OHIO SCHOOL LAWS. 79 



School Houses and Libraries. Ch. 8. 

shall be had which are provided for the appropriation of private property 
by municipal corporations. (70 v. 195, § 65.) 

Appropriation of property; see Sec. 2232, R. S. 

Sec. 3991. [Bond issue, vote on.] When the board of educa- 
tion of any school district determines that it is necessary for the proper 
accommodation of the schools of such district to purchase a site or sites 
to erect a school house or houses, to complete a partially built school 
house, to enlarge, repair or furnish a school house, or to do any or all 
of said things, and that the funds at the disposal of said board or that 
can be raised under the provisions of section 3994 of the Revised Statutes 
of Ohio, are not sufficient to accomplish said purpose and that a bond 
issue is necessary, the board shall make an estimate of the probable 
amount of money required for such purpose or purposes and at a general 
election or a special election called for that purpose, shall submit to the 
electors of the district the question of the issuing of bonds for the amount 
so estimated; notices of the election required herein shall be givenin the 
manner as provided in section thirty-nine hundred and seventy dash 
eleven. (97 v. 357 ; 94 v. 38 ; 91 v. 41 ; 70 v. 241, § 61.) 

Sec. 2834a. The trustees of any township, the board of edu- 
cation of any school district and the commissioners of any county 
for the purpose of extending the time of payment of any indebt- 
edness, which from its limits of taxation such township, school 
district or county is unable to pay at maturity, shall have power 
to borrow money or to issue bonds of such township, school district 
or county, so as to change but not to increase the indebtedness 
in such amounts and for such length of time and at such rate of 
interest, as the trustees, board of education or commissioners 
may deem proper, not to exceed the rate of six per centum per 
annum, payable annually or semiannually. 

Or when it shall appear to the trustees, board of education 
or commissioners of any township, school district or county to be 
for the best interests of such township, school district or county 
to renew, refund or extend the time of payment of any bonded 
indebtedness which shall not have matured and thereby reduce 
the rate of interest thereon, such trustees, board of education or 
commissioners shall have authority to issue for that purpose new 
bonds, and to exchange the same with the holder or holders of such 
outstanding bonds if such holder or holders shall consent to make 
such exchange and to such reduction of interest. 

Provided, however, that no indebtedness of any township, 
school district or. county shall be funded, refunded or extended 
unless such indebtedness shall first be determined to be an existing, 
valid and binding obligation of any such township, school district 
or county by a formal resolution of the trustees, board of education 
or commissioners of any such township, school district or county, 
which resolution shall so state the amount of the existing indebted- 
ness to be funded, refunded or extended, the aggregate amount 
of bonds to be issued therefor, their number and denomination, 
the date of their maturity, the 'ate of interest they shall bear 
and the place of payment of principal and interest. And for the 
payment of the bonds issued under this section the township 
trustees, board of education or county commissioners shall levy 
a tax, in addition to the amount otherwise authorized, every year 



80 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 



during the period the bonds have to run sufficient in amount to pay 
the accruing interest and the bonds as they mature. 

Conduct of election; see Sec. 2966-1 and notes under Sees. 3909, 3916-1. 

See notes to Sec. 3993. 

When the statute requires that notice shall be given of the matter to be acted on, a 
failure to insert such matter will render void any act done with respect to the matter not so 
embraced as required. IS Maine, 184; 12 Cushing, 294. 

It cannot be too often repeated that a board of education speaks only through its records. 
Its acts, findings, and determinations are- only known by its records. Hence, although the words 
of the statute may not clearly settle the question, yet it is safest to assume that this determin- 
ation is to be an official determination. Purchasers of bonds are likely to scrutinize such mat- 
ters closely, and they will question whether the board acquires Jurisdiction to take steps for 
raising a tax unless it first officially "ascertains" and "determines" all the preliminary facts 
mentioned in the statute, and makes a record of such finding. 

Sec. 3992. [Bond issue, when election favorable.] If a majority 
of the electors, voting on the proposition to issue bonds, shall vote 
in favor of said issue, the board shall be thereby authorized to issue 
bonds for the amount indicated by the vote provided for in section 
thirty-nine hundred and ninety-one, the issue and sale of said bonds 
to be provided for by a resolution fixing the amount of each bond, 
the length of time they shall run, the rate of "interest they shall bear, 
and the time of sale which may be by competitive bidding at the dis- 
cretion of the board ; the bonds shall bear a rate of interest not to ex- 
ceed six per cent, per annum payable semi-annually, shall be made pay- 
able within at least forty years from the date thereof, be numbered 
consecutively, made payable to the bearer, bear date of the day of sale 
and be signed by the president and clerk of the board of education; 
the clerk of the board shall keep a record of the number, date, amount, 
and the rate of interest of each bond sold, the amount received for the 
same, the name of the person to whom sold, and the time when pay- 
able, which record shall be open to the inspection of the public at all 
reasonable times ; and the bonds so issued shall in no case be sold for a 
less sum than their par value, nor bear interest until the purchase money 
for the same shall have been paid by the purchaser. (97 v. 357; 70 v. 

195, § 62 -) 

Sec. 3993. [Tax levy for bonds to be certified to county auditor.] 

When an issue of bonds has been provided for under sections thirty- 
nine hundred and ninety-one and thirty-nine hundred and ninety-two 
the board of education shall certify annually, to the county auditor 
or auditors as the case may require, a tax levy sufficient to pay said 
bonded indebtedness as the same shall fall clue together with accrued 
interest thereon ; the county auditor or auditors shall place said levy 
on the tax duplicate and it shall be collected and paid to the board of 
education in the same manner as other taxes are collected and paid. 
The tax levy provided herein shall be in addition to the tax levy pro- 
vided for under section thirty-nine hundred and -fifty-nine and shall be 
kept in a separate fund by the board of education and applied only 



OHIO SCHOOL LAW'S. 81 



School Houses and Libraries. Ch. 8. 

to the payment of the bonds and interest for which it was levied. (97 
v. 358; 70 v. 195, § 63.) 

Sec. 22b. All bonds issued by boards of county commissioners, 
boards of education, commissioners of free turnpikes, shall be sold 
to the highest bidder after being advertised three times, weekly, 
in a newspaper having a general circulation in the county where 
the bonds are issued; and if the amount of bonds to be sold ex- 
ceeds twenty thousand dollars, then in an additional newspaper hav- 
ing a general circulation in the state, three times, weekly. The 
advertisement shall state the total amount of bonds to be sold, 
the amount of each bond, how long they are to run, the rate of 
interest to be paid thereon, whether annually or semiannually, the 
law or section of law authorizing their issue, the day, hour and 
place in the county where they are to be sold. None of said bonds 
shall be sold for less than the face thereof, with any interest that 
may have accrued thereon; and the privilege' shall be reserved 
of rejecting all or any bids, and if said bids are rejected said 
bond shall again be advertised; all moneys arising from premiums 
on the sale of said bonds as well as the principal, shall be credited 
to the fund on account of which the bonds are issued and sold. 
Mandamus is the proper remedy to compel the board to appropriate moneys already in 
their treasury for that purpose, toward the payment of such bonds, and to levy such tax as 
may be necessary to complete such payment. 27 O. S., 96. 

A board of education agreed to borrow a sum of money at an aggregate rate of interest 
of fifteen per cent., in manner following: For the amount so to be borrowed, bonds were to 
be issued bearing the authorized rate of interest, and for the excess of interest, orders on 
the treasury were to be issued, payable at the same time as the legal interest. The bonds 
were regularly issued, bearing eight per cent, interest, and sold at par, and the money was 
received and used as authorized. For the excess of interest, orders on the treasury were at 
the same time issued and delivered to the purchaser, as agreed to by the parties, but were 
never presented for payment, and after, their maturity, he offered to return tliem for cancel- 
lation: Held, that this agreement to pay excess of interest is void, and, having never been 
executed in whole or in part, will not avoid a recovery on the bonds. 35 O. S., 519. 

Certain bonds were issued by a board of education; they were afterwards redeemed be- 
fore maturity, and placed in the hands of the treasurer for destruction. The treasurer failed to 
destroy them, but fraudulently used them as collateral security for an individual loan by an 
innocent third person: Held, that the board was not liable for the payment of the same. 41 
O. S., 504. 

Sec. 3994. [Bond issue without vote ; limitations.] The board of 

education of any school district may issue bonds to obtain or improve 
public school property, and in anticipation of income from taxes, for 
such purposes, levied or to be levied, may, from time to time, as occa- 
sion requires, issue and sell bonds, under the restrictions and bearing 
a rate of interest specified in section thirty-nine hundred and ninety- 
two and shall pay such bonds and the interest thereon when due, but 
shall provide that no greater amount of such bonds shall be issued 
in any year than would equal the aggregate of a tax at the rate of two 
mills, for the year next preceding such issue, but the order to issue 
bonds shall be made only at a regular meeting of the board and by a 
vote of two-thirds of the full membership of the board, taken by yeas 
and nays and entered upon the journal of the board ; but in no case 
shall a board of education issue bonds under the provisions of this 
section in a greater amount than can be provided for and paid with 
the tax levy provided for under section thirty-nine hundred and fifty- 

6 o. s. L. 



82 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

nine of the Revised Statutes of Ohio, and paid within forty years after 
the bond issue on the basis of the tax valuation at the time of the bond 
issue. (97 v. 358; 89 v. 257; 75 v. 526, § 56.) 

See act referred to under Sec. 3993. 
For registration of bonds, Sec. 2771-20, R. S. 

An injunction would lie against a board of education which sought to issue bonds in 
excess of this authority, but only as to such excess, and not tc the whole. 47 Mich., 226; 43 la., 48. 

Sec. 3995. Repealed 97 v. 379. 

Sec. 3996. Repealed 97 v. 379. 

Sec. 3997. Repealed 97 v. 379. 

Sec. 3998. Repealed 97 v. 379. 

(3998-1) Sec. 1. [Boards of education authorized to provide 
for establishment, etc., of public library; taxation.] The board of 
education of any city, village, township, or special school district, may, 
by resolution provide for the establishment, control and maintenance, 
in such school district, of a public library, free to all the inhabitants 
of such district; and, for that purpose, may acquire, by purchase, the 
necessary real property, and erect thereon a library building; it may 
acquire from any other library association, by purchase, or otherwise, 
its library property ; it may receive donations and bequests of money 
or property for such library purposes, and it may maintain and sup- 
port libraries now in existence and controlled by the board of educa- 
tion; and such board of education may annually make a levy upon the 
taxable property of such school district, in addition to all other taxes 
allowed by law, of not to exceed one mill for a library fund, to be 
expended by such board of education, for the establishment, support and 
maintenance of such public library; provided, that whenever any dona- 
tion or bequest of money or property has been or shall hereafter be 
made to any two or more school districts jointly, or jointly and sev- 
erally for the purpose of establishing and maintaining such public li- 
brary, and the money so donated has been or may hereafter be expended 
in the purchase of a site and the erection of a library building thereon, 
the provisions of this act shall apply ; and provided in such case the 
board of education of each of said districts may annually make a levy 
of not execeeding one mill in addition to all other taxes allowed by law, 
upon the taxable property of such school districts for the establish- 
ment, support and maintenance of such public library, and the library 
building may be located at a convenient place in either of such school 
districts. The control of such building and library and the expendi- 
ture of all moneys for the purchase of books and other purposes and 
the administration of such library shall be vested in a board of six 
trustees, three to be appointed by each of said boards of education for 



OHIO SCHOOL LAWS. 8) 



School Houses and Libraries. Ch. 8, 

the term of five years, and who shall serve without compensation, and 
such trustees shall serve until their successors are appointed. In case 
of vacancy in said board, from refusal to serve, resignation or other- 
wise, said vacancy shall be filled by the said boards of education of said 
district, in case such vacancy occurs, for the unexpired term. (98 v. 
244; 96 v. 8.) 

State library commissioners to give advice and attention to free public library officers; see 
Sec. 348. 

(3998-2) Sec. 2. [Board of library trustees; how constituted; 
qualifications; terms; vacancies; compensation; powers.] The board 
of education may provide for the management and control of such 
library by a board of trustees to be elected by said board of education 
as herein provided. Such board of library trustees shall consist of 
seven members, who shall be residents of the school district, and no 
one shall be eligible to membership on said library board who is 01 
has been for a year previous to his election, a member or officer of 
the board of education. The term of office shall be seven years, ex- 
cept that at the first election the terms shall be such that one mem- 
ber shall retire each year. Should a vacancy occur in said board, it 
shall be filled by the board of education for the unexpired term. The 
members of said library board shall serve without compensation and 
until their successors are elected and qualified. Such library board in 
its own name shall hold the title to and have the custody, management 
and control of all libraries, branches, stations, reading rooms, and of 
all library property, real and personal, of such school district, and the 
expenditure of all moneys collected or received from any source for 
library purposes' for such district. It shall have power to employ a 
librarian and assistants, but previous to such employment the compen- 
sation of such librarian and assistants shall be fixed. Such library board 
shall have the power, by a two-thirds vote of its members, to purchase 
or lease grounds and buildings, and erect buildings for library pur- 
poses. It may accept any gift, devise or bequest for the benefit of 
such library. No member of the library board shall be interested, 
directly or indirectly, in any contract made by the board. The library 
board shall report annually in writing to the board of education. (96 
v. 8.) 

(3998-3) Sec. 3. [When library to be under control of such 
board]. Whenever in any city, village or special school district a 
library established or controlled by a board of education shall contain 
twenty-five thousand or more volumes, it shall be managed, governed 
and controlled by a board of trustees elected by the board of education 
as provided in section 2 of this act. (96 v. 9.) 



84 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

(3998-4) Sec. 4. [Library fund; how provided and maintain- 
ed; payments from.] Said board of library trustees shall annually, 
during the month of May, certify to the board of education the amount 
of money that will be needed for increasing, maintaining and operat- 
ing said library during the ensuing year in addition to the funds avail- 
able therefor from other sources ; and such board of education shall an- 
nually levy on each dollar of taxable property within said school dis- 
trict, in addition to other levies authorized by law, such assessment 
not exceeding one mill, as shall be necessary to realize the sum so 
certified, the same to be placed on the tax duplicate and collected as 
other taxes. The proceeds of the said tax shall constitute a fund 
to be known and designated as the library fund : Payments therefrom 
shall only be made upon the warrant of the board of trustees of the 
library, signed by the president and secretary thereof. (96 v. 9.) 

(3998-5) Sec. 5. [Board of education may contract with library 
association for use of library.] The board of education in any city, 
village or special school district shall have power to contract annually 
with any library corporation or other organization owning and main- 
taining a library, for the use of such library by the residents of such 
district, and it shall have power to levy annually a tax not exceeding 
one mill on the taxable property of such district to pay for the same ; 
and such board of educaton shall require an annual report in writing 
from such library corporation or other organization. (96 v. 9.) 

(3998-6) Sec. 6. [School library.] The board of education of 
any school district of the state, in which there is not a public library 
operated under public authority and free to all the residents of such 
district, may appropriate annually not to exceed two hundred and fifty 
dollars annually from the contingent fund for the purchase of books, 
other than school books, for the use and improvement of the teachers 
and pupils of such school district. The books so purchased shall con- 
stitute a school library, the control and management of which shall be 
vested in the board of education, which board shall have power to 
receive donations and bequests of money or property for such library. 
(96 v. 9.) 

(3998-7) Sec. 7. [Museum.] The board of education of any 
school district, or any board of trustees managing . and controlling a 
library in any school district, may found and maintain a museum in 
connection with and as an adjunct to such library, and for such pur- 
poses may receive bequests and donations of money or other property. 
(96 v. 9.) 

(3998-8) Sec. 8. [Taking effect; existing laws.] This act 
shall take effect and be in force on and after November 15, 1902, and 
all acts or parts of acts not inconsistent herewith under which exist- 



OHIO SCHOOL LAWS. 



School Houses and Libraries. Ch. 8. 

ing libraries are maintained, governed and controlled, shall be and re- 
main in full force and effect. (96 v. 10.) 

(3998-9) Sec. 1. [City board of education may acquire private 
library ; shall be made a public library ; board of managers ; vacancies 
in board.] That whenever in any city organized under chapter 4, 
division 2, of title 12, of the Revised Statutes of Ohio, there is a library 
owned by a private incorporated or unincorporated association which the 
owners, or managers thereof, are willing to dispose of and to transfer 
to the board of education of such city or school district within which 
said city is situate, the said board of education is hereby authorized to 
acquire from said association by purchase, or otherwise, said library and 
the property used by said association for library purposes. Upon ac- 
quiring title to said library and property, the said board of education shall 
declare the same to be a public library and shall elect a board of man- 
agers therefor, consisting of six persons, two of whom, at the first elec- 
tion shall be elected for a period of three years, two for a period of two 
years, and two for a period of one year, and thereafter, upon the expira- 
tion of said terms, and all succeeding terms, said managers shall be 
elected for three years. And said board of education shall fill vacancies 
in said board of managers for unexpired terms in like manner, and said 
board of managers shall at all times be amenable to and under the control 
of said board of education as to tenure of office and authority and shall 
serve without compensation. The president of said board of education 
shall be ex-officio a member of said board of managers, but otherwise, no 
member of said board of education shall be a member of said library 
board. (95 v. 74.) 

(3998-10) Sec. 2. [Powers and duties of managers.] Said 
board of managers shall have the care, custody, control and management 
of said library and property, under such rules and regulations as they 
shall prescribe and shall have the power to receive donations of land, 
money and other things of value, and to hold, dispose of, or use the same 
for the benefit of such library. The use of said library shall be, free to all 
residents of said city and territory thereto attached for school purposes. 
Said board shall have the power to lease or rent suitable place for the 
use of said library and establish a reading room or rooms in connection 
therewith. ( 95 v. 74.) 

(3998-11) Sec 3. [Organization of board; librarian and assist- 
ants.] Said board of managers shall elect from their number a presi- 
dent, vice-president, and secretary, and shall appoint a librarian and such 
assistants and employe* as may be necessary for the proper conduct of 
said library. The term of office of said appointees shall be at the pleasure 
of the board, but shall not exceed three years. (95 v. 74.) 



86 oino school laws. 



Ch. 8. School Houses and Libraries. 

(3998-12) Sec. 4. [Tax levy; expenditure of funds.] For the 

purpose of paying - for such library purchased and of maintaining- and in- 
creasing said library and reading rooms, the said board of education 
may levy upon the general tax duplicate of the school district within 
which such city is situate, a tax not to exceed six-tenths of one mill on 
each dollar of valuation of the taxable property of said school district 
which shall be levied, assessed and collected as other taxes levied by said 
board and shall be in addition thereto. The proceeds of said tax when 
collected, shall constitute and be called the library fund, and shall be 
paid -to the treasurer of the school district, who shall disburse same only 
upon warrant of said board of managers, signed by the president and 
secretary thereof. Said board of managers shall expend said fund in the 
purchase of books, pamphlets, papers, magazines, periodicals, journals, 
furniture, and such other property as may be necessary for such library 
and reading rooms and in payment of all proper charges for mainten- 
ance including the compensation of the librarian and other employes of 
said board. No part of said fund shall be transferred or used for any 
other purpose than as provided in this section. All money heretofore 
appropriated, received, or collected by tax levied for public library pur- 
poses in said city, or school district, and remaining unexpended shall be 
transferred to said library fund, and be expended by said board of man- 
agers in accordance with the provisions of this act. (95 v. 74.) 

Sec. 3999. [In certain cities board may appoint managers of 
library.] In cities not having less than twenty thousand inhabi- 
tants, the board of education having custody of any public library therein, 
may, at any regular meeting, adopt a resolution providing for a board of 
managers of such library, and shall thereupon elect by ballot, two per- 
sons to serve as members of such board for a term of three years, two 
persons to serve for a term of two years, and two persons to serve for 
a term of one year ; and annually thereafter two persons shall be elected 
' to serve for a term of three years ; all vacancies in such board shall be 
filled by the board of education by ballot, and a person so elected shall 
serve during the unexpired term of his predecessor ; the president of the 
board of education shall be a member of the board of managers, ex-officio ; 
and the board of managers shall at all times be amenable to and under the 
control of the board of education, as to tenure of office and authority, and 
shall serve without compensation. 

[Board of trustees in Cincinnati; how appointed; terms.] Pro- 
vided, that in cities of the first grade of the first class upon the expiration 
of the terms of office of the trustees of the public library therein, hereto- 
fore appointed under this section, as amended April 30, 1891, there shall 
be appointed as successors to said board, a board of trustees of said 



OHIO SCHOOL LAWS. 87 



School Houses and Libraries. Ch. 8. 



library consisting of seven persons, as follows : Two by the board of 
education of the school district within which such city is situated, two by 
the board having" charge of the high schools of such city, two by the 
directors of the university in such city, one of each of said appointees 
shall hold his office for two years, and one for three years ; and one bv 
the judges of the court of common pleas of the county within which such 
city is situated, who shall hold his office for a period of three years ; and 
thereafter said boards arid said judges shall, upon the expiration of the 
terms of office of said appointees, and each three years thereafter, appoint 
successors to said trustees. The appointee aforesaid of the judges of the 
court of common pleas shall succeed in said board of trustees the presi- 
°nt of the board of education, who theretofore was, by virtue of his 
fc i office, a member of said board of trustees, and thereafter the right 
oi ich president of said board of education aforesaid of membership in 
saiG oard of trustees of said library shall cease. 

[Vacancies.] All vacancies in said board of trustees of said, 
library shall be filled by the respective bodies having the power of 
appointment. Provided, however, that nothing herein shall be construed 
in any wise to abridge the term of office or curtail the powers or duties 
of the trustees of the public library in cities of the first grade of the 
first class, appointed under this section as amended April 30, 1891, dur- 
ing the terms of office for which they were appointed. (93 v. 192 ; 88 
v. 446; 64 v. 100, § 1 ; S. & C, 722.) 

Sec. 39990. [Residents of Hamilton county entitled to use of city- 
library.] Each and every resident of the county within which is situ- 
ated any city of the first grade of the first class, having therein estab- 
lished a public library, shall be entitled to the free use of such library, 
reading rooms and any branch or department of the same, and all the 
privileges thereof, upon such terms and conditions not inconsistent here- 
with, as the board of trustees of such library may prescribe. (94 v. 204; 
93 v. 193- ) 

Sec. 3999k [Powers of trustees in Cincinnati.] The board of 
trustees of the public library in cities of the first grade of the first class 
shall have sole and exclusive charge, custody and control of the public 
library in such city, including all property, both real and personal, used, 
and occupied by such library, whether acquired heretofore or hereafter, 
and shall have full power to make all rules and regulations necessary 
for the proper government, maintenance, care and management thereof, 
and to provide therefor. Said board of trustees shall have power over, 
and exclusive control of, the library fund hereinafter provided for, and 
of the expenditure of all moneys collected to the credit thereof. They 
shall have power and it shall be their duty to establish in said city and 
throughout the county within which is situated said library, reading 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

rooms, branch libraries and library stations in connection with saftl library, 
and to lease and furnish said rooms, buildings or parts thereof as are 
required for such purposes, and to pay all necessary expenses connected 
therewith. They shall have power, and it shall be their duty to purchase 
and pay for all books, periodicals, magazines and other literature and 
supplies necessary, in their judgment, for said public library, reading 
rooms, branch libraries and library stations, and to incur the necessary 
expenditures for the encouragement and advancement of the best use of 
such library, reading rooms, branch libraries and library stations by the 
public ; all such purchases, payments and expenditures to be made out of 
said library fund hereinafter provided for. 

[Employment of librarian and assistants.] They shall ha j 
power, and it shall be their duty, to employ a librarian, assistant librari s, 
and other necessary assistants for such public library, reading fc ms, 
branches and stations, to fix the compensation of persons so em;: oyed, 
and to pay the same out of said library fund. Said library board may fix 
the term of any such person employed by them for any period not to ex- 
ceed one year. (93 v. 193.) 

Sec. 3999c. [Tax for library purposes in Cincinnati.] For the 
purpose of increasing, maintaining and managing the public library in 
cities of the first grade of the first class, for which a board of trustees 
shall have been appointed, as provided in section 3999, the said board of 
trustees may levy annually a tax of not exceeding five-tenths of a mill 
on each dollar of valuation of the taxable property of the county wherein 
is situated such city, to be assessed, collected and paid in the same man- 
ner as are other taxes levied throughout the county. Said levy shall be 
certified by said board of trustees to the auditor of the county in which 
said city is situated, and shall be placed by said auditor on the tax dupli- 
cate and collected as other taxes. The money realized from said levy, 
and all the moneys received or collected by said trustees for the library shall 
be placed in the treasury of said county, subject to the order of said 
board of trustees of said library. Said fund shall be known as the 
library fund of said county, of which the county treasurer shall be the 
custodian, and no money shall be drawn therefrom, except upon the requi- 
sition of the board of trustees of said library, certified by the president 
and secretary of said board, directed to the county auditor, who shall 
draw his warrant on the county treasurer therefor. Any part of said 
funds unexpended during any year shall remain to the credit of said 
library fund. (94 v. 204; 93 v. 194.) 

Sec. 3999c- 1. [Provisions relating to tax and expenditures for 
library purposes in Cincinnati.] The provisions, requirements, limi- 
tations and inhibitions of sections 1005, 1006, 1007, 1008 and 1009 of 
the Revised Statutes of Ohio, shall apply to and govern the levying 



oino school laws. 89 



Schoql Houses and Libraries. Ch. 8. 



of taxes and the making of appropriations and expenditures for library 
purposes in and for any city of the first grade of the first class situate 
In any county having a board of control, in all resepects and as fully as 
said sections apply to and govern any such county in the levying of its 
taxes and in providing for its yearly expenditures ; and it shall be un- 
lawful in any such county to levy any tax for library purposes or to 
make any expenditure from any library fund, created under section 
3999c of the Revised Statutes, without the action thereon of the coun- 
ty auditor and of the board of county commissioners and of the board 
of control, in the manner prescribed in and by said several sections 
1005, 1006, 1007, IO °8 and 1009: Provided, however, that in the year 
1902 the ieport required by said section 1008 shall be made by the 
board of trustees of any public library of any such city on or before 
the first Monday of May of said year, and that the statements re- 
quired by said section 1005 shall be made by the county auditor, as to 
the tax for library purposes in such cities, on or before the first Mon- 
day of June of said year, and the first appropriation of funds pro- 
vided for by this act shall be made for the six months ending Decem- 
ber 31st, 1902, in accordance with said section 1007. The secretary of 
the board last named shall, on demand, furnish to the county auditor, 
board of county commissioners, and board of control any information 
relating to the finances of said board, which either may deem neces- 
sary in the proper discharge of the duties imposed by this act. The 
provisions of section 2834Z? of the Revised Statutes shall apply to all 
contracts, agreements, obligations and orders involoving the expendi- 
ture of money, entered into or made by the board of trustees of the 
public library of any such city, and any action of any such board, 
contrary to the provisions of said section, shall be void, except that 
the certificate of the county auditor required by said section shall not 
be necessary in case of current expenditures, or in case of any other 
expenditures not exceeding five hundred dollars, or in case of con- 
tracts for the employment of officers, assistants or other employes of 
such board. (95 v. 361.) 

Sec. 3999^. [Disposition of unexpended fund heretofore raised 
for library purposes in Cincinnati.] The amount of any fund hereto- 
fore raised by a levy or tax by the board of education in such city for 
school library purposes, and all library funds remaining unexpended, 
shall be transferred from the respective funds to the library fund 
herein created, to be expended and paid, out as herein provided for 
funds produced by a levy made by said board of trustees, and any and 
all funds, bonds, stocks or other species of property held by the board 
of education of such city, or by any of the departments of such city 
for the benefit of the public library thereof, shall be transferred to the 



90 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

board of trustees of such public library, to be held and controlled by 
them subject to the terms of the respective donations. (93 v. 194.) 

Sec. 3999^. [Who ineligible as members of the library board.] 
No member of any of the boards exercising" the power of appoint- 
ment of the trustees of the public library, as provided in section 3999. 
shall be appointed or elected a member of said library board. (94 
v. 204.) 

(39990 Sec. 1. [Carnegie donation, library trustees may ac- 
cept.] That the board of trustees of the public library of the school 
district of Cincinnati be and it is hereby authorized to receive and ac- 
cept the said donations of Andrew Carnegie upon the terms and con- 
ditions therein expressed, the branch libraries constructed under the 
provisions of said donations to be by said library trustees and their 
successors equipped, furnished and maintained, and forever kept open 
'for the free use of the public. (95 v. 902.) 

(3999^) Sec. 2. [Bonds for sites, equipment, etc., of libraries.] 
That for the purpose of providing the sites and furnishing the equip- 
ment necessary for said branch' libraries the said board of trustees 
is hereby authorized and empowered to borrow as a fund therefor 
such sum as be necessary, not exceeding one hundred and eighty thou- 
sand dollars, and to issue registered or coupon bonds therefor, which' 
shall be known and designated as "The Public Library bonds of the 
school district of Cincinnati," and shall be issued in such sums and 
be made payable at such times and places as shall be deemed best by 
said board. Said bonds shall be signed by the president and secretarv 
of said board and a record kept thereof. They shall bear a rate of 
interest not exceeding three and one-half per centum per annum, and 
shall not be sold for less than par, nor until after four successive weekly 
advertisements in two newspapers published and of general circulation 
in said city. For the purpose of paying the interest and providing a 
sinking fund for the final redemption of said bonds, the said board 
of trustees shall levy annually a tax upon the taxable property of said 
school district sufficient in amount to pay the said interest upon said 
bonds, and to provide a sinking fund for their final redemption. The 
said tax shall be certified annually by said trustees to the auditor of 
the county in which said school district is situate, and shall be by him 
placed upon the tax duplicate of said district in addition to all other 
taxes allowed by law, and said tax shall be levied, assessed and collected 
as other taxes. The proceeds of said tax, when collected, shall be cred- 
ited to the said library trustees as trustees of the sinking fund for the 
payment of the said bonds and interest. Said trustees shall pay there- 
from the said annual interest upon said bonds, and the portion assessed 
and collected for the sinking fund shall be invested by them in bonds of 



OHIO SCHOOL LAWS. 91 



School Houses and Libraries. Ch. 8. 

the United States, state of Ohio, or the city of Cincinnati, and from the 
proceeds of said investment they shall pay the said honds at maturity. 
(95 v. 902.) 

(3999/;) Sec. 3. [Power of trustees to lease or purchase sites, 
etc. ; contracts for branch libraries ; title to property.] Said library 
trustees shall have power to purchase or lease and to hold land neces- 
sary for suitable sites on which to erect said branch libraries, and 
shall use said fund in the payment therefor, and in suitably equip- 
ping said libraries for use. It shall require the affirmative vote of 
not less than two-thirds of the members of said board to purchase 
or lease any such land or to make any contracts concerning- the erec- 
tion of such libraries. Purchases made may be for cash or on time, 
and if on time, said board may issue its obligations for the deferred 
payments and secure the same by mortgage upon the land purchased. 
Said trustees shall have power and they are hereby authorized to make 
all necessary contracts for the construction, furnishing and equipping 
of such branch libraries. The title to the land acquired under this 
act shall be taken in the name of "The trustees of the Public Library 
of the school district of Cincinnati," and shall be held by them in trust 
for public library purposes, and said trustees shall have the care, 
custody, management, and control of all property provided for public 
library purposes under this act. (95 v. 903.) 

(3999') Sec. 4. [Exemptions from taxes, execution, etc.] All 
property, real and personal, vested in such library board or used for 
library purposes, shall be exempt from taxation, and from sale on 
execution, or any writ or order in the nature of an execution. (95 
v. 903.) 

(39997) Sec. 5. [Donations, taxes, etc.] Said trustees shall 
have the right to receive and accept donations of land, money, or other 
thing of value, and to invest, use, or dispose of the same in the inter- 
est of the library. (95 v. 903.) 

(3999/e) Sec. 6. [Power of trustees to control funds; contracts 
for buildings, etc.] The said library trustees, and their successors 
shall be the trustees of said fund so as aforesaid raised and provided, 
and shall have the control and disbursement of the same. They may 
maintain and defend suits, appoint, employ, and pay officers and agents. 
No contract shall be made for any part of the construction of said 
library building, or for any work to be done in connection therewith, 
which shall involve the expenditure of more than five hundred dol- 
lars, save upon public advertisement for not less than thirty days in 
two newspapers, printed and of general circulation in said city, inviting 
proposals therefor. Said trustees shall have power to take such se- 
curity from any officer, agent, or contractor chosen, appointed, or em- 



92 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

ployed by them as they shall deem advisable. They shall not become 
surety for any officer, agent or contractor, or be interested directly or 
indirectly in any contract concerning said library. (95 v. 903.) 

(39990 Sec. 7. [Officers of trustees; depositories of funds, etc.] 
The said trustees shall choose from their number a president, vice- 
president, secretary and treasurer, and may select a depository within 
said city which shall be a national bank or trust company organized 
under the laws of this state in which to deposit any funds coming 
into the hands of said treasurer, and they may make contracts for the 
safe keeping of said funds and the payment of interest thereon. (95 
v. 904.) 

Sec. 4000. [Cleveland public library.] The public library board 
of the city of Cleveland shall consist of seven suitable persons, resi- 
dents of said city, no one being a member or officer of the board of 
education. The members of the library board shall serve without com- 
pensation and hold their offices for three years and until their suc- 
cessors shall have been elected and qualified, except that at the first 
election tv/o of the board shall be elected for one year, two for two 
years, and three for three years. After said first election so many shall 
be elected for each year as equals the number whose term expires that 
year. They shall be elected by roll-call as in other cases by the board 
of education of the city of Cleveland, at its first regular meeting after 
the third Monday in April, 1886, and annually thereafter as herein- 
before provided. The board of education shall have power at any 
time to fill vacancies in the library board for unexpired terms by elec^ 
tion as aforesaid. (1886, April 28; 83 v. 104; 80 v. 172; Rev. Stat. 
1880; 75 v. 101, § 1.) 

Sec. 4001. [Powers and duties of library board.] Such library 
board shall report in writing to the board of education once each year, 
and of tener if required by the latter, shall have . exclusive charge and 
control of the public library of the city, and shall have full power to 
make all rules and regulations for the government and management 
thereof; to employ a librarian and such assistants and help as may be 
needed for the care and protection of the library, and to attend to the 
drawing and return of books ; but prior to such employment the com- 
pensation of such librarian, assistants and help, shall be fixed by the 
library board, by a majority of the members thereof voting in favor 
of such compensation, on roll-call by the secretary, and such librarian, 
assistants and help shall be employed by a vote in the same manner. 
(1883, April 18; 80 v. 172; 78 v. 132; Rev. Stat. 1880; 76 v. 50, § 2.) 

Sec. 4002. [Library tax, and how expended.] For the purpose of 
increasing and maintaining the public libra'ry in said city, and the ter- 
ritory thereto attached for school purposes, such library board may 



OHIO SCHOOL LAWS. 93 



School Houses and Libraries. Ch. 8. 

levy annually a tax of eight-tenths of one mill on each dollar valuation 
of the taxable property 6f the city, and the territory thereto attached 
for school purposes, to be levied, collected and paid in the same manner 
as are school taxes of the city ; all money appropriated, received or 
colleced by tax for the library, shall be expended under the direction of 
the library board in purchasing such books, pamphlets, papers, maga- 
zines, periodicals, journals and other property as may be deemed suit- 
able for the public library and in payment of all other charges and 
expenses, including compensation of the librarian, assistants and help 
that may be incurred in increasing and maintaining the library, and 
all claims against said fund shall be approved by the president and 
secretary of said library board and paid upon the warrant of the auditor 
of the board of education in the manner now provided by law for the 
payment of claims against said city. (94 v. 26; 91 v. 268, 123; 90 v. 
96; 80 v. 172, 173; Rev. Stat. 1880; 76 v. 50, § 3 ; 95 v. 438.) 

(4002-1) Sec. 1. [Cleveland library board to hold title and con- 
trol property.] Said library board, in its own name shall hold the 
title to and have the custody, management and control of all property 
of said library board, both real and personal, whether acquired hereto- 
fore, or hereafter, and shall have power over, and the executive control 
of the expenditures of moneys collected for the purpose of purchasing 
lands, and erecting buildings and also have complete custody, manage- 
ment and control of all public libraries and branches and stations thereof, 
and the reading rooms connected therewith. (92 v. 590.) 

(4002-2) Sec. 2. [Can purchase, lease or condemn.] Said 
library board shall have power, by a two-third vote of its members entered 
upon its journal, to purchase grounds and erect suitable library build- 
ings, and to lease grounds and suitable library buildings, and in case 
suitable grounds cannot be purchased, to condemn the grounds desired, 
by virtue of the power of eminent domain, and erect thereon suitable and 
appropriate buildings for library use. The title to such grounds so pur- 
chased or condemned and buildings erected shall be taken to and vest in 
the said library board. (92 v. 590.) 

(4002-3) Sec. 3. [Proceedings to condemn.] When it is deem- 
ed necessary by said library [board] to condemn or appropriate private 
property, whereon to erect library buildings, said library board in making 
such appropriation shall proceed in accordance with the provisions of 
section 2235 anQl subsequent sections found in chapter 3, division 7, title 
12 of the Revised Statutes of Ohio and acts amendatory thereof and 
supplementary thereto. (92 v. 590.) 

(4002-4) Sec. 4. [Donations.] Said board may by resolution 
accept any gift, devise or bequest of property, real and personal, for the 
benefit of the library. (92 v. 590.) 



94 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 



(4002-5) Sec. 5. [Exempt from tax and execution.] All prop- 
erty, real or personal, vested in any public library board shall be exempt 
from taxation and from sale on execution or other writ or order in the 
nature of an execution. All conveyances made by such library board shall 
be executed by the president and secretary thereof. (92 v. 590.) 

(4002-6) Sec. 6. [Oath.] Each person appointed a member of 
such board shall, upon entering upon the duties of his office, take an oath 
or affirmation, to obey the constitution of the United States and the con- 
stitution of the state of Ohio, and that he will faithfully perform the 
duties of his office. (92 v. 590.) 

(4002-7) Sec. 7. [Organization.] Said library board at its first 
meeting in June after the passage of this bill, and annually thereafter in 
June, shall organize by choosing a president, a vice president and a secre- 
tary, and in the absence of the president or his inability to act, the vice 
president shall perform the duties of the president. (92 v. 590.) 

(4002-8) Sec. 8. [Annual report.] Said library board shall make 
an annual report to the board of education stating the condition of their 
trust, the various sums of money received from the library fund and from 
other sources and how much moneys have been expended, and for what 
purposes ; the number of books and periodicals on hand ; the number 
added by purchase, gifts or otherwise during the year; the number lost 
or missing, the number of books loaned out and the general character of 
the books, with other statistics, information and suggestions as they may 
deem of general interest. (92 v. 590.) 

(4002-9) Sec. 9. [No member of board to be interested in con- 
tract, except; validity of contract.] No member of such library 
board shall have any pecuniary interest, either directly or indirectly, in 
anv contract made with the board or be employed in any manner or have 
anv compensation from the board of which he is a member except as 
secretary, and no contract shall be binding upon such board unless it be 
made or authorized to be. made at a regular or special meeting of the 
board. (92 v. 590.) 

(4002-10) Sec. 10. [Use of library and reading room.] Every 
library and reading-room established under this act shall be free to the 
use of the inhabitants of such city and those who reside in the territory 
thereto attached for school purposes, subject, however, to such rules and 
regulations as the library board may deem necessary to adopt and pub- 
lish, to protect and preserve property therein in order to render the use 
of said library and reading-room of the greatest benefit to the greatest 
number ; and said library board may exclude and cut off from the use 
of said library and reading-room any and all persons who shall wilfully 
violate any of such rules and regulations. (92 v. 590.) 



OHIO SCHOOL LAWS. 95 

School Houses and Libraries. Ch. 8. 

(4002-11) Sec. 11. [Bonds to pay for land and building*] Said 
library board may issue bonds with interest coupons attached, to obtain 
land and building ijor a public library and to furnish the same and to pay 
the cost and expense thereof, and in anticipation of income from taxes 
for such purposes levied or to be levied, may from time to time, as occa- 
sion requires, or at any time after the passage of this bill, issue and sell 
bonds, bearing interest, payable semi-annually, at a rate specified therein, 
not exceeding five per cent. (5% ) per annum, and in such sums and at 
such times as the library board may determine, which bonds shall be 
numbered consecutively, made payable to the bearer and be signed by 
the president and secretary of the board and denominated "public library 
bonds of the city of Cleveland. Ohio," and the secretary of said board 
shall keep a record of the number, date, amount and rate of interest on 
each bond sold, the sum for which and the name of the person to whom 
sold, and the time when payable, which record shall be open to the inspec- 
tion of the public at all reasonable times, and the bonds so issued shall in 
no case be sold for a less sum than the par value nor bear interest until 
the purchase money for the same shall have been paid by the purchaser 
and such library board shall pay such bonds and the interest thereon when 
due, provided that the total issue of bonds shall not exceed two hundred 
and fifty thousand dollars ($250,000). (92 v. 590.J 

(4002-12) Sec. 12. [Resolution to issue'; sale of.] The order to 
issue such bonds shall be made only at a regular meeting of such board 
and by a vote of five-sevenths of all the members thereof, taken by yeas 
and nays and entered on the journal of the board, and such bonds shall 
be sold to the highest bidder after being advertised once a week for four 
(4) consecutive weeks in a newspaper having a general circulation in the 
county where such bonds are issued, and if there shall be more than 
one newspaper in such city having a general circulation in the county 
where such bonds are issued, then the sale of such bonds shall be adver- 
tised in at least one additional newspaper of such general circulation in 
such county, the advertisement shall state the total number of bonds to be 
sold, the amount of each, how long they are to run, the rate of interest 
to be paid thereon, whether annually or semi-annually, the law or section 
of law authorizing their issue, day, hour and place in the countv where 
they are to be sold, and the privilege shall be reserved by such board 
to reject all or any bids, and if said bids are rejected said bonds shall be 
advertised and the moneys arising on premiums of the sale of said bonds 
as well as the principal shall be credited to said fund on account of 
which the bonds are issued and sold and shall be used for the purpose 
provided in this section. (92 v. 590.) 

(4002-13) Sec. 13. [Sinking fund.] For the purpose of creating 
a sinking fund for the extinguishment of the bonds provided for in the 



96 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

preceding section, said library board may annually until the payments 
of the bonds are fully provided for, levy and collect a tax in addition 
to other taxes now authorized to be levied by it, which shall not exceed 
two-tenths of one mill upon the taxable property of the city of Cleve- 
land and the territory thereto attached for school purposes, which tax 
shall be paid into the treasury of said city and on order of the director 
of accounts of said city paid over to the sinking fund commission here- 
after provided for and by them applied by order of the library board to 
the extinguishment of the bonds in the preceding section provided and 
to no other purpose whatever, and the taxes so levied shall be certified 
and placed on the tax list and collected in the same manner as school 
taxes of said city and such tax shall be a lien upon the property whereon 
they are assessed and the same as state and county taxes and subject to 
the same penalties if delinquent. (92 v. 590.) 

(4002-14) Sec. 14. [Trustees of sinking fund.] In such city 
there shall be a board designated as "the trustees of the library sinking 
fund of the city of Cleveland" composed of three (3) citizens thereof, to 
be appointed by the court of common pleas in the county in which such 
city is situated. The first appointment shall be one for the term of one 
year, one for the term of two years, and one for the term of three years 
and all trustees appointed thereafter shall serve for three years, except ' 
in case of vacancy, which shall be filled by said court for the unexpired 
term, and before any person appointed as a member of such board shall 
assume the duties of his office he shall give bond to the state of Ohio 
in the sum of five thousand dollars ($5,000) with not less than two sure- 
ties to faithfully discharge his said duties. (92 v. 590.) 

(4002-15) Sec. 15. [Their organization.] Such trustees imme- 
diately after appointment and qualification shall organize by appointing 
one of their number as president and the director of accounts of such 
city shall act as secretary of said board of trustees and the library board 
shall provide such trustees with a place of meeting, and regular meetings 
of such trustees shall be held on the second Monday of Januarv and July 
of each year, but other meetings may be called by the president or any 
member of the board. Their proceedings shall be recorded in a journal 
kept for that purpose which shall at all times be open to the inspection 
of the library board or any member thereof and all questions relating to 
the purchase or sale of securities, payment of bonds or interest shall be 
decided by a viva voce vote with the name of each member voting re- 
corded on the journal and no question shall be decided unless approved 
by a majority of the whole board. (92 v. 590.) 

(4002-16) Sec. 16. [Their duty to certify tax.] The trustees of 
such sinking fund shall in the month of May in each year and oftener, 
if required, certify to the library board the rate of tax, not exceeding 



OHIO SCHOOL LAWS. 97 



School Houses and Libraries. Ch. &. 



the limit herein provided, necessary to provide a sinking fund for the 
payment of the bonds issued by authority of this bill together with the 
amount necessary to be levied to provide for the payment of the interest 
thereon, and the library board shall levy the amount so certified as under 
this act provided and for the full amount so certified, but said library 
board may increase the amount so reported, provided the total amount so 
levied does not exceed the limitation provided in this bill. (92 v. 590.) 
(4002-17) Sec. 17. [Investments by.] The trustees of such 
sinking fund shall invest all moneys received by them in bonds of the 
United States, state of Ohio, city of Cleveland, city of Cincinnati, city 
of Columbus, and the city of Toledo, and they shall give preference to 
the bonds of the city of Cleveland, where they can be purchased at a price 
equal to, or, less than the bonds of the United States, or of the state of 
Ohio, taking into consideration the rate of interest paid on each, and the 
interest received shall be reinvested in like manner and at no time shall 
there be more than $5,000 kept on deposit if investment can be made, and 
said trustees shall provide for the payment of all interest on said bonds 
herein authorized to be issued, together with the principal thereof at 
maturity of said bonds, from said funds so invested by them. (92 v. 

590.) 

(4002-18) Sec. 1. [Cleveland may appropriate from school fund 
for library.] In all cities, which, by the last federal census, had, 
and all those which hereafter, on the first day of March, in any year, 
as ascertained by any federal census, may have, a population exceeding 
ninety thousand and less than two hundred thousand inhabitants, it shall 
be lawful to appropriate from the school fund, an amount equal to the 
proceeds of one-tenth of one mill of the tax levy, to maintain or assist 
in maintaining the public library and pay in part the cost and expense. 
of supporting and running any public library in said cities in addition 
to the one-tenth of one mill now authorized by law to be raised by taxa- 
tion for that purpose ; provided, that this act shall not be construed to» 
authorize any increase in levies for school purposes, including libraries 
in said cities, over that made in 1877. (75 v. 11.) 

IN TOLEDO. 

(4002-ig) Sec. 1. [Toledo public library; tax for library.] Irr 

any city of the third grade of the first class, the city council may, by 
a resolution passed by a majority of the members elected thereto, declare 
it to be essential to the interests of such city, to establish and maintain 
therein a public library and reading room. That thereafter the said city 
council shall, annually, levy a tax of thirty-five one-hundredths (35-100) 
'of one mill on the dollar on the taxable property of such city for that 
purpose, to be called the library fund ; and which levy shall be certified- 

7 0. s. L. 



98 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

to the county auditor of the county, and by him placed on the tax dupli- 
cate of the county and collected as other taxes. (94 v. 166; 1888, April 
12; 85 v. 209; Rev. Stat. 1880; 70 v. 142.) 

(4002-20) Sec. ia. Repealed 94 v. 166. 

(4002-21) Sec. 2. [Board of trustees.] The custody and man- 
agement of such public library and reading-room, as well as its entire 
administration, shall be committed to a board of trustees, nine in num- 
ber, of whom the mayor of such city for the time being shall be one, 
and the others shall be appointed by the common council, four of whom 
shall be appointed from such names as shall be nominated to the com- 
mon council by the board of education of said city, and sfyall be citizens 
of approved learning, discretion, and fitness for such office. They shall 
hold their office for the term of four years, and until their successors 
are duly elected and qualified ; provided, that the trustees first appointed, 
other than the mayor, shall be elected respectively for terms of one, two, 
three, and four years, from the first day of January next following their 
election, two for each term. Any vacancy caused by the death, resigna- 
tion, or removal of a trustee, or otherwise, shall be filled for his unexpired 
term by appointment of the common council. No trustees shall have 
compensation as such. (1888, April 12; 85 v. 209, 210; Rev. Stat. 1880;, 
70 v. 142.) 

(4002-22) Sec. 3. [Transfer of libraries to such board by the 
board of education.] As soon as said board of trustees shall be 
elected and organized, it shall be the duty of the board of education in 
such city to transfer to the custody and control of such board of trustees 
whatever public library or libraries may be in its possession or control, 
except such books of reference, maps or charts as the board of education 
may think proper to retain for use in school buildings ; and thereafter 
no tax shall be levied by such board of education for a library fund 
(1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v. 142.) 

(4002-23) Sec. 4. [Organization of trustees; regulations; pow- 
ers; deposit of library funds; warrants; power to purchase or con- 
demn grounds; issue and sale of public library building bonds; pay- 
ment of said bonds and interest; title to grounds purchased; librari- 
ans and assistants.] Said trustees shall immediately after their 
appointment, meet and organize by the election of one of their number 
as president, and by the election of such other officers as they may deem 
necessary. They shall make and adopt such by-laws, rules and regula- 
tions for their own government . and guidance of the library, reading- 
room and employes as may be expedient and not inconsistent with this 
act. They shall have power over and the exclusive control of the ex- 
penditure of all moneys collected to credit of the library fund, and of the 
. supervision, care, custody and control of the grounds and buildings con- 



OHIO SCHOOL LAWS. 99 



School Houses and Libraries. Ch. 8. 



structed for such purpose, or rooms leased or set apart for such purpose ; 
provided, that all moneys collected for such library, including proceeds 
of the bonds herein authorized, and all others, shall be deposited in the 
treasury of said city to the credit of the library fund, and shall be kept 
separate and apart from other funds, and the city auditor shall issue his 
warrant when drawn upon by said board of trustees, or by its proper 
officers duly authorized. Said board shall have the power, by a two-third 
vote of said trustees entered upon its journal, to purchase grounds, and 
in case suitable grounds cannot be purchased, to condemn the grounds 
desired, and erect thereon suitable and appropriate building or buildings 
for the use of said library ; the cost of such ground and buildings not 
to exceed in the aggregate the sum of $45,000; and for such pur- 
pose said board is authorized and empowered to borrow money upon 
bonds as hereinafter provided to pay for the same, not to exceed 
in the aggregate, the sum of $4.5,000 ; and the said board of trus- 
tees is authorized to issue and sell its bonds, for the above named 
amount, with coupons for interest, divided into and payable in fifteen 
consecutive annual payments ; the first of which shall become due three 
years after their issue. Said bonds shall be denominated "The Public 
Library Building Bonds" of said city, and shall be for the sum of $500 
each, payable to bearer, and bear interest at the rate not exceeding four 
and one-half per cent, per annum, payable semi-annually. Said bonds 
and coupons shall be signed by the president of said board and attested by 
its secretary ; and in making sale of said bonds the said board of trustees 
shall be governed by the provisions of an act of the general assembly 
passed March 22, 1883 (O. L., vol. 80, p. 68), entitled "an act providing 
for the sale of public bonds." To meet the payment of said bonds and 
interest, the said board of trustees shall appropriate and set apart annu- 
ally from said library fund, a sum sufficient for such purpose, not to 
exceed one-half of the tax revenues collected for such year. The title 
to such grounds so purchased shall be taken to and vest in the trustees 
of the public library of such city; said trustees shall be held and con- 
sidered to be special trustees thereof for such. city. Said board shall have 
power to appoint suitable librarians and necessary assistants, fix salaries 
of same, and shall, in general, carry out the spirit and intent of this act 
in establishing and maintaining the best public library and reading-room 
with the means at their disposal. (1888, April 12; 85 v. 209, 210; Rev. 
Stat. 1880; 70 v. 142.) 

(4002-24) Sec. 4a. [Additional bonds authorized to be issued for 
certain purposes.] For the purpose of enabling said board of trustees 
to construct said building or buildings so as to make it or them fire- 
proof, and thereby insure protection to the large and valuable library 
to be kept therein, and to pay the increased cost of such construction, 



100 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. - 

and complete said building or buildings, and provide necessary furniture 
for same, and to pay for grading the library grounds and constructing 
walks, said board of trustees is hereby authorized to issue and sell addi- 
tional bonds to an amount not in excess of thirty-five thousand dollars 
($35,000; said additional bonds shall bear interest, be issued, sold, the 
proceeds deposited, drawn, used, and the interest and principal paid, as 
provided, and subject in all respects to all the conditions named in said 
original section 4, for the bonds therein authorized, except as follows : 
the bonds hereby authorized, shall mature, three thousand dollars 
($3,000.00) July 1, 1890; five thousand dollars ($5,000.00) July 1, 1906; 
and five thousand dollars ($5,000.00) July 1, of each succeeding year 
until July 1, 191 1, when seven thousand dollars ($7,000.00) shall mature, 
but if it be found unnecessary to issue all of said bonds, those not issued 
shall be those last to mature as aforesaid; and the rate of interest shall 
not exceed four per cent, on those bonds to mature July 1, 1906 and 
thereafter ; and said board shall annually appropriate and set apart such 
additional sum as may be necessary to pay said bonds and the interest 
thereon as the same mature. (1889, March 12; 86 v. 79.) 

(4002-25) Sec. 46. [Purchase of a site for library.] That on the 
request of said board by a two-thirds vote of all the trustees, entered 
on its journal, any such city of the third grade of the first class, may 
purchase, appropriate, enter upon and hold, any real estate within its 
limits, by it deemed necessary for the purpose of providing said public 
library with suitable library grounds and extensions or additions thereto. 
The cost and expense of acquiring such grounds, extensions or additions 
shall be paid for by the trustees of such public library, out of any moneys 
in its hands or due 'and owing to it from the public library fund. (88 
v. 92.) 

(4002-26) Sec. 4^. [Appropriation of private property.] That 
when it is deemed necessary by any such city of the third grade of the 
first class to appropriate private property as heretofore provided in said 
supplementary section 4b, any such city shall proceed in making such 
appropriation under and in accordance with the provisions of section 2235 
and the subsequent sections thereto as found in chapter 3, division 7, title 
12 of the Revised Statutes of this state, in so far as the same are 
applicable. (88 v. 335.) 

(4002-27) Sec. 4^. [Additional building bonds.] For the pur- 
poses specified in said original section four (4) and the first section sup- 
plemental thereto, section 4a, and to complete the carrying out of such 
purposes, and paying therefore, said board of trustees is hereby author- 
ized to issue and sell additional bonds to an amount not in excess of five 
thousand dollars ($5,000.00) ; and such additional bonds shall be issued 
and sold and their proceeds disposed of and their payment including 



OHIO SCHOOL LAWS. 10 1 



School Houses and Libraries. Ch. 8. 



interest provided for, in all respects in the same manner and subject to the 
same conditions, as provided in said supplemental section 4a for the 
bonds to mature July i, 1906, and thereafter, except that those hereby 
authorized shall mature July 1, 1912. (89 v. 419.) 

(4002-28) Sec. 5. [Library to be free, subject to reasonable rules.] 
Every library and reading room established under this act, shall be and 
remain forever free to the use of the inhabitants of such city, subject, 
however, to such reasonable rules and regulations as the library board 
may find and deem necessary to adopt and publish, to protect and pre- 
serve the property therein, in order to render the use of said library 
and reading room of the greatest benefit to the greatest number ; and 
said board may exclude and cut off from the use of said library and 
reading room, any and all persons who shall wilfully violate any of such 
rules and regulations. (1888, April 12; 85 v. 209, 211 ; Rev. Stat. 1880; 
70 v. 142.) 

(4002-29) Sec. 6. [Annual report to city council.] The said 
board of trustees shall make an annual report to the city council, stating 
the condition of their trust, the various sums of money received from 
the library fund, and from other sources, and how much moneys have 
been expended, and for what purpose ; the number of books and peri- 
odicals on hand ; the number added by purchases, gifts or otherwise dur- 
ing the year ; the number lost or missing, the number of books loaned 
out, and the general character and kind of such books, with other statis- 
tics, information and suggestions as they may deem of general interest. 
1888, April 12; 85 v. 209, 211 ; Rev. Stat. 1880; 70 v. 142.) 

(4002-30) Sec. 7. [Penalty for injuring library property.] The 
city council of such city shall have power to pass ordinances imposing 
suitable penalties for the punishment of any and all persons committing 
injury upon such library buildings, grounds or other property thereof. 
(1888, April 12; 85 v. 209, 211; Rev.. Stat. 1880; 70 v. 142.) 

(4002-31) Sec. 8. [Power of trustees to accept donations, etc.] 
Any person or persons desiring to make, , devise or bequest, donation 
or gift of either books, personal property, money or real estate, to 
and for the use and benefit of such library, may vest the same or 
title thereto in the said trustees created under this act ; to be held and 
controlled by said board, its successors, when accepted, according to 
the terms of such devise, bequest or deed of gift of such property ; 
and as to such property the said board of trustees shall be held and 
considered special trustees thereof. (1888, April 12; 85 v. 209, 212; 
Rev. Stat. 1880; 70 v. 142.) 



102 OHIO SCHOOL LAWS. 



Ch, g. School Houses and Libraries. 



IN DAYTON. 



(4002-32) Sec. 1. [Dayton public library board; election of.] In 

any city of the second grade of the second class the city board of educa- 
tion may elect by ballot, a special board of six competent persons, res- 
idents and electors of said city or school district, to be called the library 
board, which board shall have the sole ■ custody, control and manage- 
ment of the public library of such city and of any reading rooms, 
branch libraries or library stations by said library board established 
in connection with such public library. (89 v. 229; 84 v. 171.) 

(4002-33)' Sec. 2. [Political composition of; terms; vote re- 
quired to elect.] The six members of said library board shall be 
selected equally from the two political parties having the largest repre- 
sentation in the city board of education and shall be elected as follows: 
Two for a term of one year, two for a term of two years and two for 
a term of three years, one member from each of said political parties 
to be elected for each of said several terms ; and at the end of the first 
year and of each year thereafter, two members of said library board, 
one from each of said political parties, shall be elected, by ballot, by 
said board of education for the term of three years. It shall require 
the affirmative vote of a majority of all the members elected to said 
board of education to elect the members of said library board. (89 
v. 229; 84 v. 171.) 

(4002-34) Sec. 3. [Powers and duties.] Said library board shall 
have power over and the exclusive control of the library fund herein- 
after provided for, and of the expenditure of all moneys collected to the 
credit thereof. They shall have power to establish in said city reading 
rooms, branch libraries and library stations in connection with such 
public library, and to lease and furnish such rooms, buildings or parts 
thereof as are required for such purposes, and to pay all necessary ex- 
* penses connected therewith. Tliey shall have power and it shall be 
their duty to purchase and pay for all books, periodicals, magazines, 
and other literature, and supplies necessary, in their judgment, for said 
public library, reading rooms, branch libraries and library stations, 
and to incur the necessary expenditures for the encouragement and 
advancement of the best use of such public library, reading rooms, 
branches and stations, by the public ; all of such purchases, payments 
and expenditures to be made out of said library fund hereinafter pro- 
vided for. They shall have power and it shall be their duty to em- 
ploy a librarian, assistant librarians, janitors and other necessary as- 
sistants for such public library, reading rooms, branches and stations, 
to fix the compensation of persons so employed and to pay same out of 
said library fund. Said library board may fix the term of any such 



OHIO SCHOOL LAWS. 103 

School Houses and Libraries. Ch. 8. 

persons employed by them for any period not to exceed one year. (89 
v. 229; 84 v. 171.) 

(4002-35) Sec. 4. [Expenses of library for ensuing year.] Said 
library board shall, annually, prior to the annual levy of taxes made by 
the city board of education, report and certify to such city board of 
education a statement of the amount by said library board deemed 
necessary for the expenses and expenditures of such library board for 
the ensuing- fiscal year; and said city board of education shall annuallv 
levy a -tax for such library purposes and for the use of such library 
board for such purposes for such ensuing year to the full amount so 
reported and certified by said library board; provided, however, that 
the amount so levied shall not exceed the amount hereinafter author- 
ized to be levied for such purposes. The fiscal year of said library 
board shall be the same as that of the board of education. {89 v. 
229; 84 v. 171.) 

(4002-36) Sec. 5. [Tax for library fund; custodian; disburse- 
ments and balance.] The board of education of said city wherein a 
library board exists under the act to which this act is amendatory 
or shall hereafter be elected under this act, shall have the power, and 
it shall be the duty of such board of education to levy annually for 
such public library purposes a tax not exceeding four-tenths of one 
mill on the dollar of the city valuation, to be called the library fund, 
which levy shall be certified by said board of education to the county 
auditor of the county in which said city is situate, within the time 
and in the manner fixed for the certifying of other levies made by 
said board of education ; and [which levy shall be by said auditor 
placed on the tax duplicate of the county] and collected as other taxes. 
Such levy for library purposes shall not be a part of the general levy 
authorized to be made by such board of education for school purposes. 
The money realized from said levies and all moneys received or collected 
by the trustees for the library, shall be placed in the treasury of the 
county, subject to the order of the board of trustees of said library. 
Said funds shall be kept separate and apart from other funds and the 
treasurer shall be the custodian thereof, and no money shall, be drawn 
therefrom except upon the requisition of the board of trustees of the 
library, certified by. the president and secretary of said board and di- 
rected to said county treasurer. Any part of said fund unexpended 
during any year shall remain to the credit of said library fund. (94 
v. 484; 89 v. 229; 84 v. 171.) 

(4002-37) Sec. 6. [Provisions governing board.] Said library 
board shall, immediately after their election meet and organize by the 
election of a president, a secretary and other necessary officers from 
their number, and such election shall be held annually thereafter. Said 



104 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

board shall make and adopt such by-laws, rules and regulations for 
their own government and guidance and for the government and guid- 
ance of. the public library, reading rooms, branch libraries, and sta- 
tions, and of the employes of said board as may be expedient and not 
inconsistent with this act, and said board shall, by their by-laws, desig- 
nate the officers authorized to draw orders upon said library fund. Any 
public library now established in any such city and which is maintained 
and in operation under and by virtue of the provisions of the act to which 
this act is amendatory, and the existing library board of such city and 
the officers thereof, shall be governed by the provisions of this act ; and 
such library board shall succeed to and be vested with all. the rights, 
powers, and privileges, and charged with all the duties herein granted or 
imposed ; and the members of such existing library board elected thereto 
by the board of education prior to the taking effect of this act shall con- 
tinue as such until the expiration of their present terms, and their succes- 
sors shall be elected pursuant to the provisions hereof. The present of- 
ficers of such existing library board shall continue in office until the 
expiration of their present terms as such officers or until a vacancy 
occurs therein prior to such expiration when their successors shall be 
elected pursuant to the provisions hereof. Where such existing library 
board has heretofore reported to such board of education their estimate 
of the expenses of such library for the current year, pursuant to the 
provisions of the act to which this act is amendatory, such board of 
education shall forthwith, upon the taking effect of this act, set apart and 
pay over to the said county treasurer as the treasurer of such library 
fund the unexpended balance of the appropriation heretofore made by 
such board of education for such library expenses for the current year, 
which balance shall become and constitute a part of said library fund 
hereinbefore provided for and shall be expended by said library board 
for the maintenance, management and expenses of such library, reading 
rooms, branch libraries and library stations, for the remainder of such 
current year. (89 v. 229 ; 84 v. 171.) 

(4002-38) Sec. 1. [Museum may be established.] In any city of 
the second grade of the second class, wherein there now is or shall here- 
after be a public library of such city, under the control, custody and 
management of a library board established pursuant to the provisions 
of an act entitled "An act to provide for competent and non-partisan 
public library boards in cities of the second class, second grade," 
passed March 21, 1887 (O. L., v. 84 p. 171), and of acts amendatory 
thereto, such library board shall have the power, and is hereby author- 
ized to establish and maintain, in connection with such public library, 
a public museum for the benefit of the public of such city ; and such 
board may appropriate and expend, out of the amount of the tax levy 



OHIO SCHOOL LAWS. 105 



School Houses and Libraries. Ch. 8. 

heretofore or hereafter annually made for library purposes and for the 
use of such board, such amounts as are in their judgment necessary 
for the establishment and maintenance of such public museum. Such 
library board is empowered to receive, by way of gift, loan or purchase, 
specimens and collections for such museum, to be accepted and held by 
such board and their successors in office, in trust for museum purposes, 
and under such conditions and regulations as they may from time to time 
establish. Such library board may make, from the funds arising from 
such tax levy, such purchases of specimens and collections for such 
museum, as shall not impair the proper and sufficient use of such funds 
for library purposes. (90 L. L., 377.) 

IN SMALLER CITIES AND VILLAGES. 

(4002-39) Sec. 1. [Certain cities and villages may have libraries; 
tax.] The common council of every city not exceeding in population 
thirty thousands inhabitants and of every incorporated village shall have 
power to establish and maintain 'a .public library and reading room, and 
for such purpose may annually levy and cause to be collected, as other 
general taxes are, a tax not exceeding one mill on each dollar of the 
taxable property of such city or village, to constitute the library fund, 
which shall be kept by the treasurer separate and apart from other money 
of the city or village, and be used exclusively for the purchase of books, 
periodicals, necessary furniture and fixtures and whatever is required for 
the proper maintenance of such library and reading room. (89 v. 98.) 

(4002-40) Sec. 2. [Directors.] For the government of such li- 
brary and reading room there shall be a board of six directors, appointed 
by the council of such city or village from among the citizens thereof 
at large, and not more than one member of the council of such city 
or village shall at any one time be a member of said board. Such 
directors shall hold their office for three years from the date of ap- 
pointment, and until their successors are appointed, but upon their first 
appointment they shall divide themselves at their first meeting by lot 
into three classes, one-third for one year, one-third for two years, and 
one-third for three years, and their terms shall expire accordingly. All 
vacancies shall be immediately reported by the directors to the proper 
council, and be filled by appointment in like manner ; and if an unexpired 
term, for the residue of the term only. No compensation whatever shall 
be paid or allowed to any director. (89 v. 98.) 

(4002-41) Sec. 3. [Organization; by-laws, etc.; control of ex- 
penditures; custody of building; how money drawn from treasury; 
librarian and assistants.] Said directors shall, immediately after 
their appointment, meet and organize by the election of one of their 



106 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

number president, and by the election of such other officers as they may 
deem necessary. They shall make and adopt such by-laws, rules and 
regulations for their own guidance, and for the government of the 
library and reading room, as may be expedient. They shall have the 
exclusive control of the expenditures of all moneys collected for the 
library fund, and the supervision, care and custody of the rooms or build- 
ings constructed, leased or set apart for that purpose, and such money 
shall be drawn from the treasury by the proper officers, upon the properly 
authenticated voucher of the board of directors, without otherwise being 
audited. They may, with the approval of the common council, lease and 
occupy, or purchase, or erect on purchased ground, an appropriate build- 
ing, provided that no more than half the income in any one year can be 
set apart in said year for such purpose or building. They may appoint a 
librarian and assistants, and prescribe rules for their conduct. (89 v. 98.) 

(4002-42) Sec. 4. [Who may use library.] Every library and 
reading room established under this chapter shall be forever free for 
the use of the inhabitants of the eity or village where located, always 
subject to such reasonable rules and regulations as the library board may 
find necessary to adopt and publish in order to render the use of said 
library and reading room of the greatest benefit to the greatest number ; 
and they may exclude and cut off from the use of said library and reading 
room any and all persons who shall wilfully violate such rules. (89 v. 98.) 

(4002-43) Sec. 5. [Annual report.] The said board of directors 
shall make an annual report to such council, stating the condition of 
their trust — the various sums of money received from the library fund, 
and from all other sources, and how much has been expended ; the num- 
ber of books and periodicals on hand ; the number added by purchase, 
gift or otherwise during the year ; the number lost or missing, the num- 
ber of books loaned out, and the general character and kind of such 
books, with such other statistics, information and suggestions as they 
may deem of general interest. (89 v. 98.) 

(4002-44) Sec. 6. [Donations.] All persons desirous of making 
donations of money, personal property or real estate, for the benefit of 
such library, shall have the right to vest the title of the same in the 
board of directors created under this law, to be held and controlled by 
skid board, when accepted according to the terms of the deed of gift, 
devise or bequest of such property, and as to such property the said board 
shall be held and considered to be special trustees. (89 v. 98.) 

(4002-45) Sec. 7. [Tax to assist existing library association.] 
In case a free public library has already been established in any city or 
incorporated village, and duly incorporated and organized, the council 
may levy a tax for its support as provided in this act, without change in 
the organization of such library association, and the sum so raised shall 



OHIO- SCHOOL LAWS. 107 



School Houses and Libraries. Ch. 8 



be paid to the officer or officers duly authorized to receive the same, 
and shall be under the control of the said library association; pro- 
vided, that if at any time such library association ceases to exist or from 
any reason fails to provide a free circulating library as required by the 
provisions of this act, the books and other property accumulated from 
the proceeds of the levy herein authorized shall become the property of 
the city or village and be subject to the control of the council as herein 
provided. (89 v. 98.) 

(4002-46) Sec. 1. [Library association in certain cities; levy.] In 
any city of the fourth grade of the second class, and in which city there 
is established and maintained by a public library association duly incor- 
porated, but not organized for profit, a public library, free to all the 
inhabitants of such city, the board of education shall levy or cause to be 
levied an annual tax, in addition if need be to the annual amount of taxes 
limited by law for school purposes, of not less than three-tenths and not 
to exceed five-tenths of a mill on all the taxable property within such 
city and school district, to be called "a public library fund/' which shall 
be certified to the county auditor of the county and placed on the tax du- 
plicate of the county, and collected as other taxes. (93 v. 8.) 

(4002-47) Sec. 2. [Disposition of tax.] Said tax when so levied 
and collected shall be paid over by the treasurer of the board of educa- 
tion to the treasurer of said library association, to be used only in the 
purchase of books, pamphlets, magazines or newspapers, and for gen- 
eral library expenses of said library association. (93 v. 8.) 

(4002-48) Sec. 3. [Library association to render account; shall 
maintain free public library; city shall maintain library if association 
cease to exist; may levy tax.] Said board of education shall require 
said library association to render an account as often as it shall deem 
proper of all taxes so received by it, and how the same have been ex- 
pended. Said association shall keep up and maintain in a public place 
in such city a public library free to all the inhabitants thereof, and to all 
persons residing within said school district. Provided, further, that if 
said public library association shall for any cause cease to exist then all 
property of said association, real and personal, shall immediately 
become vested in the city wherein said library association is established 
and maintained, and that had heretofore been taxed for the purpose of 
maintaining the same ; and it shall become the duty of said city or 
municipality to have the charge of and care of such property in the same 
manner as other property of said city, and to carry out the educational 
purposes for which this act was originally intended, and may, if occasion 
require, levy taxes for said purposes upon the personal and real property. 
of said city, and collect the same as other taxes are now levied and col- 
lected. (93 v. 9, § 3; 95 v. 417, § 4002-48.) 



108 OHIO 'SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

(4002-49) Sec. 4. [Tax in lieu of other taxes.] The tax so levied 
shall be in lieu of all other taxes levied for school library purposes, and 
no other levy shall be made for such purpose ; 

[Purchase of school apparatus; levy.] Provided, however, that 
nothing herein shall prohibit the board of education from purchasing all 
necessary philosophical or other apparatus for the schools and making 
necessary levies therefor. (93 v. 9.) 

Sec. 4003. [Consolidation of libraries in Portsmouth authorized.] 
In all cities which at the last federal census had, or at any subsequent 
federal census may have, a population of ten thousand five hundred and 
ninety-two, it shall be lawful to merge any public library therein here- 
tofore established with any other library or reading room therein existing; 
but the library formed by such consolidation shall be kept open for the 
use of the public at all reasonable hours. (75 v. 451, § 1 ; 76 v. 97, § 1.) 

Sec. 4004. [Board of Portsmouth to appoint library committee.] 
The board of education of every such city shall, at its first regular meet- 
ing after the second Monday in June, 1879, elect by ballot three suitable 
persons, residents of the city, but other than members of such board, 
who shall be known as the library committee of the city, one to serve 
for one year, one for two years, and one for three years, and until their 
successors are duly elected and qualified, and shall, annually thereafter, 
elect in like manner one person with the same qualifications to serve for 
three years, and until his successor is elected and qualified ; and any 
vacancy in such committee shall be filled for the* unexpired term at the 
first regular meeting of the board held after the same occurs. (75 v. 541, 
§ 2; 76 v. 97, § 2.) 

Sec. 4005. [Powers and duties of such committee.] Such com- 
mittee shall report in writing to the board of education at least once 
each year, and oftener if required by the board, and shall have entire 
charge and control of the school library in the city with full power to 
make all rules and regulations for the government and regulation thereof, 
to employ a librarian, and such assistants and help as may be needed 
for its care and protection, and to require of the librarian such bond as 
they may deem proper for the faithful performance of his duties, and to 
attend to the drawing and return of books ; but the salary of such 
librarian, and the rate of compensation of such assistants and help, shall 
be fixed by resolution prior to such employment. (76 v. 97, § 3.) 

Sec. 4006. [Powers and duties of library committees in Ports- 
mouth.] For the purpose of increasing and maintaining school 
libraries in cities mentioned in section four thousand and three of the 
Revised Statutes of Ohio, and the territory thereto attached for school 
purposes, such library committee in such cities is authorized to annually 
levy a tax of three-tenths of one mill on the dollar valuation of the tax- 



OHIO SCHOOL LAWS. 101 



School Houses and Libraries. Ch. 8. 

able property of such cities aforesaid, and the territory thereto attached 
for. school purposes, to be assessed, collected and paid in the same man- 
ner as are the school taxes of such cities, and all money appropriated or 
collected by tax for such library shall be expended under the direction 
of said library committee in the purchase of such books, pamphlets, pa- 
pers, magazines, periodicals and journals, as may be deemed suitable for 
the public school library, and in payment of all other costs and charges, 
including the salaries of the librarian and assistants, that may be incurred 
in maintaining said libraries, the bills and payrolls for which said ex- 
penditures, shall, upon the order of the library committee, be certified 
by the chairman and secretary of such committee, and paid by the treas- 
urer of the board of education of said city from such library fund. (92 
v. 309; 78 v. 176; Rev. Stat. 1880; 75 v. 541, § 2; 76 v. 97, § 4.) 

AN ACT 

To authorize the transfer of property by municipal corporations to trustees of 
libraries of school districts, and the acceptance of the same, and other prop- 
erty, for library purposes by said trustees. 

Be it enacted by the General Assembly of the State of Ohio: 

Sec. 1. That it shall be lawful for any municipal corpora- 
tion in this state to transfer by ordinance duly passed, any property, real 
or personal, acquired or suitable for library purposes, to the trustees of 
any public library for the school district within which such municipal 
corporation is situate, upon such lawful terms and conditions as may be 
agreed to between said municipal corporation and said trustees. 

Sec. 2. The trustees of any public library in any such school 
district are hereby authorized and empowered to receive and accept any 
such transfer, and to receive and accept from any other source or acquire 
in any other manner, any property, real or personal, for library pur- 
poses, and use and apply the same for such purposes, and to enter into any 
contract relating thereto. (97 v. 138.) 

AN ACT 

To authorize township trustees to levy a tax to compensate private company 
or association for maintaining free public library. 

Be it enacted by the General Assembly of the State of Ohio : 

Section i. That the trustees of each township shall have power 
to levy and collect a tax not exceeding one-half mill on each dollar of the 
taxable property of the township, annually, and to pay the same to a 
private corporation or association maintaining and furnishing a free 
public library for the benefit of the inhabitants of the township as and 
for compensation for the use and maintenance of the same, and without 



110 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

change or interference in the organization of such corporation or asso- 
ciation, requiring the treasurer of such corporation or association to make 
an annual financial report, setting forth all the money and property which 
has come into its hands during the preceding year, and its disposition 
of the same, together with any recommendation as to its future neces- 
sities. 

Section 2. That the county auditor at each semiannual collection 
of taxes, where a tax for library purposes has been levied by the town- 
ship trustees shall certify the amount collected from said levy for library 
purposes to the township clerk ; and the township clerk shall forthwith 
draw his warrant on the township treasurer, payable to the treasurer of 
the library association for the amount so certified by the auditor. 

Section 3. That if at any time such library corporation or asso- 
ciation ceases to exist or from any reason fails to provide a free public 
library as required by the provisions of this act, the books and other 
property accumulated from the proceeds of the levy herein authorized 
shall become the property of the township and be subject to the control 
of the trustees of the township. 98 v. 47. 



OHIO SCHOOL LAWS. 



Ill 



Schools and Attendance Enforced. 



Ch. 9. 



CHAPTER IX. 



SCHOOLS AND ATTENDANCE ENFORCED. 



Section. 

40(17. Sufficient elementary schools must be 

provided; number of weeks to be 
continued; graded course .of study 
required. 

4007-1. Elementary school denned. 

4007-2. High school defined. 

4007-3. College defined. 

4007-4. High schools classified; first grade; 
second grade; third grade. 

4007-5. Diploma to be given to graduate of 
high school; certificate as to grade 
of school; admission without ex- 
amination to professional school; 
exception; who eligible 'to take ex- 
amination for admission to bar or 
to enter professional school; ex- 
ception. 

4007-6. Information as to character of, high 
school to be furnished state com- 
missioner of common schools by 
clerk of board of education: filed 
when; certificate as to grade of 
school; withholding approval of 
curriculum ; penalty for failure to 
give information required by this 
section. 

4008. Repealed. 

4009. Any board of education may establish 
high school; discontinuance thereof. 

4009-1. Township high schools; management 
and control thereof; school houses, 
etc. ; arjmission of pupils. 

4009-2. Estimate of funds needed. 

4009-3. Repealed. 

4009-4. Repealed. 

4009-5. Repealed. 

4009-6. Repealed. 

4109-7. Repealed. 

4000-8. Repealed. 

4009-9. Repealed. 

4 P 09-10. Repealed. 

4009-11. Repealed. 

4009-12. Repealed. 

4009-13. Repealed. 

4009-14. Repealed. 

4009-15. Joint township high school; union of 
township and village or special 
districts for high school purposes; 
elections; control of high school; 
funds for maintenance of high 
school. 

4009-16. Repeal of former laws relating to 
joint townshin and union high 
school and substituting new law. 

4010. Schools at children's ho'nes, orphans' 

asvlums and infirmaries; how sus- 
tained; to be under control of 
trustees of institution. 

4011. Youth may be sent to charity school 

at Zanesville. 

4012. Evening schools. 

4012a. Attendance by person ' more than 
twenty-one years old. 

4013. Who mav attend school free; cred- 

iting sclrbol tax on tuition of non- 
resident pupils; assignment of pu- 
pils. 

4014. Suspension and expulsion of pupils._ 

4015. Legal holidays, school may be dis- 

missed on. 
4015-1. Arbor Day. 

4016. School year, month and week. 
4(117. Control of schools vested in boards; 



Section. 

appointees; salaries; salaries of 
teachers; paid during epidemic; 
appointments of former teachers; 
school director in city districts; 
appointment; power; duties; sal- 
ary; removal; contract with em- 
ployes; resignations; dismissals. 

To provide tor state aid to weak school 
districts. 

Superintendents and teachers in city 
districts; appointment and term of 
office; duties; superintendent and 
teachers in other districts; ap- 
pointment and term of office'; du- 
ties. 

Teachers, duties of; janitor work 
not required. 

Teachers dismissed for insufficient 
cause may institute suit. 

Repealed. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Filing and preservation of copies and 
prices of school books. 

Maximum price; notification of pub- 
lisher. 

Notices to boards; legality depen- 
dent on compliance. 

Procedure upon violation of agree- 
ment by publisher. 

Studies, etc.; shipment of books, 
etc.; sale to pupils; purchase from 
pupils; free books. 

Purchase of Howe's Historical Col- 
lections of Ohio for schools; pay- 
ment. 

Care and preservation of books. 

Physical culture in schools; where. 

Manual training departments, com- 
mercial departments and kinder- 
gartens authorized. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Instruction as to effect of alcoholic 
drinks on the human svstem, re — 
quired in public schools; provi- 
sions therefor. 

Instruction ,of teachers; examination 
of teachers required; duty of com- 
missioner of common schools. 

Penaltv for failure to give such in- 
struction. 

German language taught, how. 

Pupils may be sent from one district 
to another. 

Attendance when pupils live over 
one and one-half miles from school; 
payment of tuition, bow computed. 
In what branches children must be 
taught; necessary time of attend- 
ance; excuse; appeal in case of 
refusal to excuse; penalty for fail- 
ure to place child in school as 
herein provided. 



4017a. 



4018. 
4019. 

4020. 

4020-1. 
1020-2. 
4020-3. 
4020-4. 
4020-5. 
4020-6. 
4020-7. 
4020-8. 
4020-9. 
4020-10. 

4020-11. 

4020-12. 

4020-13. 

4020-14. 



4020-15. 



4020-16. 
4020-17. 
4020-1S. 



4020-19 
4020-20 
4020-21 
4020- 22 
4'20-23 



4020-24. 



4020-25. 



4021. 
4022. 



4022o. 



4022-1. 



112 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools and Attendance Enforced. 



Section. 

4022-2. Employment of children under age of 
sixteen years; when unlawful; 
penalty. 

4022-3. Attendance of minors in certain cases; 
employment of such minors; pen- 
alty. 

4022-4. Tuvenile disorderly persons. 

4022-5. Truant officers; powers and duties. 

4022-6. Report of principal and teachers. 

4022-7. Proceedings in case of truancy; pen- 
alties. 

4022-8. Proceedings against juvenile disor- 
derly persons. 

4022-9. Relief to enable child to attend school 
required time. 

4022-10. As to institution for deaf and dumb 
or institution for the blind. 

4022-11. Penalties; jurisdiction; violations by 
corporations; disposition of fines 
collected; employment of attorney; 
compensation. 

4022-12. Repeated violations. 



Section. 
4022-13. Sufficient 



accommodations to 



4022-14. 

4023. 
4024. 
4025. 
4026. 
4 ;27. 
4028. 
4029. 
4029-1. 



4029-3. 
4029-4. 



school 

be provided. 
Costs in prosecution under this act 
An act establishing juvenile court. 
Repealed. 
Repealed. 
Repealed. 

Free school books. 
Repealed. 
Repealed. 
Repealed. 
Examination for. 

school; number 



entering high 
of examinations; 



when and where; preparation of 
questions; township commence- 
ment; county commencement; di- 
ploma. 

Compensation of examiners and con- 
tingent expenses. 

Tuition. 

What shall constitute a high school. 



Sec. 4007. [Sufficient elementary schools must be provided; 
number of weeks to be continued; graded course of study required.] 
Each board of education shall establish a sufficient number of elementary 
schools to provide for the free education of the youth of school age 
within the district under its control, at such places as will be most con- 
venient for the attendance of the largest number of such youth, and shall 
continue each and every elementary day school so established not less than 
thirty-two nor more than forty weeks in each school year, and all the 
elementary schools within the same school district shall be continued the 
same length of time. And boards of education are required to prescribe 
a graded course of study for all schools under their control in the 
branches named in section 4007-1 of the Revised Statutes of Ohio, sub- 
ject to the approval of the state commissioner of common schools. Each 
township board of education shall establish and maintain at least one 
elementary school in each sub-district under its control, unless transpor- 
tation is furnished to the pupils thereof as provided by law. (97 v. 358; 
75v. 513, § 50; S. & S. 701.) 

Change of boundaries and suspension of schools in sub-districts, conveyance of pupils; see 
Sees. 3922 and 3934. 

In determining the question as to how many schools are necessary in the districts, either 
of townships, villages, or cities, three things should be considered: 1. Convenience of access. 
2. Economy in expenditure, a. A proper grading and classification of the pupils, in cases where 
grading is possible. 

There is no reason why two or more school houses or two or more school rooms may 
not be provided in a sub-district. 

Sec. 4007-1. [Elementary school defined.] An elementary school 
is hereby defined as a school in which instruction and training are given 
in spelling, reading, writing, arithmetic, English language, English gram- 
mar and composition, geography, history of the United States, including 
civil government, physiology and hygiene ; but nothing herein contained 
shall be construed as abridging the power of boards of education to cause 
instruction and training to be given in vocal music, drawing, elementary 



OHIO SCHOOL LAWS. 113 



Schools and Attendance Enforced. Ch. 9. 

algebra, the elements of agriculture and other branches which they may 
deem advisable for the best interests of the schools under their charge. 
(97 v. 359-) 

Sec. 4007-2. [High school defined.] A high school is here- 
by defined as a school of higher grade than an elementary school, in 
which instruction and training are given in approved courses in the his- 
tory of the United States and other countries ; composition, rhetoric, 
English and American literature ; algebra and geometry ; natural science, 
political or mental science, ancient or modern foreign languages, or both, 
commercial and industrial branches, or such of the above named branches 
as the length of its curriculum may make possible, and such other 
branches of higher grade than those to be taught in the elementary 
schools, and such advanced studies and advanced reviews of the common 
branches as the board of education may direct. (95 v. 115.) 

Sec. 4007-3. [College defined.] A college is hereby defined as 
a school of a higher grade than a high school, in which instruction in the 
high school branches is carried beyond the scope of the high school and 
other advanced studies are pursued, or a school in which special, technical 
or professional studies are pursued, and which may, when legally organ- 
ized, have the right to confer degrees in agreement with the terms of 
the law regulating its practices or its charter; or in the want of legis- 
lative direction, in agreement with the practices of the better institutions 
of learning of their respective kinds in the United States. (95 v. 115.) 

Sec. 4007-4. [High schools classified.] The high schools of the 
state of Ohio shall be classified into schools of the first, second, and 
third grades;' and all courses of study offered in such high schools shall 
be in branches enumerated in section 4007-2 of the Revised Statutes 
of Ohio. 

[First grade.] A high school of the first grade shall be a school 
in which the courses offered shall cover a period of not less than four 
years, of not less than thirty-two weeks each, in which not less than six- 
teen courses shall be required for graduation ; 

[Second grade.] A high school of the second grade shall cover 
a period of not less than three years, of not less than thirty-two weeks 
each, ,in which not less than twelve courses of study shall be required 
for graduation ; 

[Third grade.] A high school of the third grade shall cover 
a period of not less than two years, of not less than twenty-eight weeks 
each, in which not less than eight courses of study shall be required for 
graduation, and all public schools of a less grade shall be denominated 
as elementary schools. A course of study shall consist of not less than 
four recitations a week continued throughout the school year. (95- v. 
116.) 



114 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 



Sec. 4007-5. [Diploma to be given to graduate of high school.] 

A diploma shall be granted by the board of education to any one com- 
pleting the curriculum in any high school, which diploma shall state the 
grade of the high school issuing the said diploma as certified by the state 
commissioner of common schools, and shall be signed by the president 
and clerk of the board of education, the superintendent and the principal 
of the high school, if such there be, and shall bear the date of its issue. 

[Certificate as to grade of school.] A certificate shall also be 
issued to the holder of each diploma in which shall be stated the grade 
of the high school, the names and extent of the studies pursued and the 
length of time given to each said study to be certified to in the same 
manner as set forth for a diploma. 

[Admission without examination to professional school; ex- 
ception.] And any holder of a diploma from a high school of the first 
grade shall be entitled to a certificate of admission without examination 
to any college of law, medicine, dentistry, or pharmacy in the state of 
Ohio, when the holder thereof shall have completed such courses in 
science and language as shall be prescribed by the legally constituted 
authorities regulating the entrance requirements of said college ; except 
such privately endowed institutions which may require a higher standard 
for entrance examinations than herein provided. 

[Who eligible to take examination for admission to bar or to enter 
professional school; exception.] And any holder of a diploma from 
.any grade of high school or of a teacher's certificate from a county or 
city board of teachers' examiners, when such holder has pursued his 
studies under private tutorage or in an office shall be eligible to take the 
examination for admission to the practice of law or. to take, the examina- 
tion prescribed to enter a college of law, medicine, dentistry or pharmacy ; 
except such privately endowed institutions which may require a higher 
standard for entrance examinations than herein provided. (95 v. 116.) 
Sec. 4007-6. [Information as to character of high school to be 
furnished state commissioner of common schools by clerk of board 
of education.] It shall be the duty of the clerk of the board of ed- 
ucation of each district in which a high school is established and main- 
tained to furnish to the state commissioner of common schools def- 
inite and accurate information concerning the length of time necessary 
for the completion of the high school curriculum or curriculums, the 
courses of instruction offered therein, and such other information as said 
commissioner mav require in relation to the high school work of the dis- 
trict, and in the form and manner he may prescribe. 

[Filed when.] Said information shall be filed not later than the 
first day of September, 1902, and as high schools are hereafter estab- 



OHIO SCHOOL LAWS. 115 



Schools and Attendance Enforced. Ch. 9. 

lished or any changes made in curriculums, such establishment or changes 
with full information must be immediately reported as above provided. 

[Certificate as to grade of school; withholding approval of curri- 
culum.] And it shall be the duty of the said state commissioner of 
common schools, upon examination of the information thus filed, or 
after personal inspection of work done if he shall deem the same advis- 
able, or both, to determine the grade of each such high school and to 
certify, under the seal of his office, to the clerk of the board of education 
bis finding as to the grade of the high school maintained by such board 
of education. The said commissioner is also authorized to withhold 
his approval of any curriculum, when it shall appear to him that the same 
joes not comply with the legal and reasonable requirements, and when 
it shall appear that any curriculum, which has already been approved, 
has been so modified as to change the grade of the high school, either 
by advancing or reducing the grade thereof, he shall certify his finding, 
and all diplomas issued thereafter shall bear the grade so designated 
by him. 

[Penalty for failure to give information required by this section.] 
And after the first day of February, 1903, no school then maintained shall 
be considered a high school that has not furnished the information and 
received the certificate as provided above and shall not be entitled to 
the privileges and exceptions provided by law for high schools. (95 v. 
117.) 

Sec. 4008. Repealed February 22, 1887. 

This section provided for separate schools for colored children. 

There is no power to establish separate schools for colored children and exclude them 
from other schools, since the repeal of Revised Statutes, section 4008. The assignment of youth 
under section 4013 can not be exercised with reference to race or color. 45 O. S., 555. 

Sec. 4009. [Any board of education may establish a high school.] 

Any board of education may establish one or more high schools, when- 
ever it deems the establishment of such school or schools proper or neces- 
sary for the convenience or progress of the pupils attending the same, 
or for the conduct and welfare of the educational interests of the district, 
[Discontinuance thereof.] and such school or schools, when 
so established, shall not be discontinued under three years from the time 
of the establishment thereof, except by a vote of three-fourths of all 
the members of the board of education of the district, and at a regular 
meeting. (75 v. 513, § 50; R. S. of 1880; 79 v. 37; 95 v. 117.) 

A township high school does not pass to a village incorporated out of the territory in- 
cluding it by reason of a general saving clause in the act of 1873. 41 O. S., 680. 

Change of territory organizing a separate school district does not entitle the new district 
to seize on property within it that had been set apart by the township board for a higher 
school than a primary, although this would be within the letter of R. S., Sec. 3972, which relates 
to the subject. 46 O. S., 595. 



116 



OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

This section fully authorizes boards of education to establish high schools without sub- 
mitting the question to a vote of the electors of the district, unless it should be found neces- 
sary to levy a tax in excess of the maximum allowed by law and issue bonds; in which case 
an election is required; see Sec. 3991. 

Sec. 4009-1. [Township high schools; management and control 
thereof.] Whenever a township board of education establishes and 
maintains a high school or high schools within the district under its 
control, it shall have the management and control of such school or 
schools with full power in respect to such school or schools to employ 
and dismiss teachers, and to give certificates of such employment, and 
for services rendered, directed to the township clerk. 

[Schoolhouses, etc.] And the township board of education shall 
build, repair, add to and furnish the. necessary schoolhouses, purchase, 
or lease sites therefor, or rent suitable rooms, and make all other neces- 
sary provisions relative to such schools as may be deemed proper. 

[Admission of pupils.] Said board of education shall have full 
power to regulate and control the admission of pupils from the elemen- 
tary schools under its charge to such high school or high schools, accord- 
ing to age and attainments, and may admit adults over twenty-one years 
of age, and pupils from other districts on such terms and under such 
rules as it may adopt, and shall maintain such high school or high schools 
not less than twenty-eight nor more than forty weeks in any school year. 
(88 v. 484, § 1 ; 95 v. 117, § 4009-1.) 

Sec. 4009-2. [Estimate of funds needed.] In townships where 
a high school or high schools are established, or may be established, by 
the township board of education, the board shall annually determine by 
estimate, as near as practicable, the entire amount of money necessary 
to be expended in the township for school and schoolhouse purposes, in- 
cluding the sustaining of teachers in such high schools, the prolonging 
of the terms of the several elementary schools of the township after the 
state funds shall have been exhausted, the erecting, repairing and fur- 
nishing of schoolhouses, and any other school purposes not exceeding 
in any one year ten mills on the dollar of the taxable property of the 
township, which amount shall be certified in writing to the county auditor, 
as required by section 3960 of the Revised Statutes of Ohio. (88 v. 484, 
§ 2; 95 v. 117, § 4009-2.) 

Sec. 4009-3. Repealed 97 v. 379. 



Sec. 4009-4 

Sec. 4009-5 

Sec. 4009-6 

Sec. 4009-7 

Sec. 4009-8 



Repealed 97 v. 379 

Repealed 97 v. 379 

Repealed 97 v. 379 

Repealed 97 v. 379 

Repealed 97 v. 379 



OHIO SCHOOL LAWS. 1 17 



Schools and Attendance Enforced. Ch. 9. 



Sec. 4009-9. Repealed 97 v. 379. 

Sec. 4009-10. Repealed 97 v. 379. 

Sec. 4009-11. Repealed 97 v. 379. 

Sec. 4009-12. Repealed 97 v. 379. 

Sec. 4009-13. Repealed 97 v. 379. 

Sec. 4009-14. Repealed 97 v. 379. 

(4009-15) Sec. 1. [Joint township high schools; union of town- 
ship and village or special districts for high school purposes ; elections ; 
control of high school; funds for maintenance of high school.] The 
boards of education of two adjoining township school districts, or of a 
township district and of a village or special school district situated par- 
tially or wholly within the township, may, by a majority vote of the full 
membership of each of said boards, unite said districts for high school 
purposes and each board may submit the question of levying a tax on 
the property in their respective districts, for the purpose of purchasing 
a site and erecting a building, and may issue bonds, as is provided for 
in sections thirty-nine hundred and sixty-one, thirty-nine hundred and 
sixty-two and thirty-nine hundred and sixty-three of the Revised Statutes 
of Ohio, but said question of tax levy must carry in both districts before 
it shall become operative in either. If said boards of education have 
sufficient money in the treasury to purchase said site and erect said build- 
ing, or if there is a suitable building in either district owned by the 
board of education that can be used for a high school building, it shall 
not be necessary to submit the proposition to a vote, and the boards are 
authorized to appropriate money from their funds for this purpose. Any 
high school so established shall be under the management of the board 
of education of the district in which the school house is located, and 
shall be free to all youth of school age within both districts, subject to 
such rules and regulations as may be adopted by the board of education 
having control of the school in regard to the qualifications in scholarship 
requisite for admission, such rules and regulations to be of uniform 
operation throughout both districts. The funds for the maintenance and 
support of such high school shall be provided by appropriations from 
the tuition or contingent funds, or both, of each district, in proportion 
to the total valuation of property in the respective districts, the same 
to be placed in a separate fund in the treasury of the board of education 
having control of the school and paid out by action of said board, but 
only for the purposes of maintaining said school. (97 v. 359; 93 v. 
281'.) 

(4009-16) Sec. 2. [Repeal of former laws relating to joint 
township and union high schools and substituting new law.] Joint 
township high school districts heretofore established as provided for in 



118 OHIO SCHOOL LAWS. 



Ch. 9, Schools and Attendance Enforced. 



section 4009-15 to 4009-20 inclusive, of the Revised Statutes of Ohio, 
as they existed prior to the passage of this act, are hereby abolished 
and the schools in said districts shall be hereafter conducted as provided 
in section 4009-15 of the Revised Statutes of Ohio, as contained herein. 
Boards of education of special districts for high school purposes, as 
provided in section 4009/? of the Revised Statutes of Ohio, as it existed 
prior to the passage of this act, are hereby abolished and the high schools 
in said district shall hereafter be conducted and maintained as provided 
in section 4009-15 of the Revised Statutes of Ohio as herein contained. 
(97 v. 360; 93 v. 282.) 

Sec. 4010. [Schools at children's homes, orphans' asylums and 
infirmaries; how sustained; to be under control of trustees of in- 
stitution.] The board of any district in which a children's home or or- 
phans' asylum is or may be established by law, or in which a county 
infirmary is or may be established, shall, when requested by the board 
of trustees of such children's home, orphans' asylum or the directors of 
such infirmary, establish in such home, asylum or infirmary a separate 
school, so as to afford to the children therein, as far as practicable the 
advantages and privileges of a common school education ; such schools 
at infirmaries shall be continued in operation each year until the full 
share of all the school funds of the district belonging to such children, 
on the basis of the enumeration, is expended, and at such homes and 
asylums not less than forty-four weeks, if the distributive share of school 
funds to which such school at any such home or asylum is entitled by 
the enumeration of children in the institution is not sufficient to continue 
the schools the length of time hereby required, the deficiency shall be 
paid out of the funds of the institution ; all schools so established in any 
such home, asylum or infirmary, shall be under the control and manage- 
ment of the respective boards of trustees or directors of such institution, 
which boards of trustees or directors shall, in the control and manage- 
ment of such schools, as far as practicable, be subject to the same laws 
that boards of education and other school officers are who have charge 
of the common schools of such district ; in the establishment of such 
schools the commissioners of the county in which such children's home, 
orphans' asvlum or county infirmary is established, shall provide the 
necessary school room or rooms, furniture, fuel, apparatus and books, 
the cost of which furniture, fuel, apparatus and books for the schools 
of such homes, infirmaries and asylums, shall be paid out of the funds 
provided for such institutions ; and the board of education shall incur 
no expense in supporting such schools. (1883, April 19; 80 v. 217; Rev. 
Stat. 1880; 75 v. 513, § 50; 76 v. 75, § 1.) 

See Sec. 929; also sections 2181, 2182, 2183, 2184, 2185, R. S. 
For acts relating to children's homes, see Sec. 929, R. S. 



OHIO .SCHOOL LAWS. 119 



Schools and Attendance Enforced. Ch. 9. 

Sec. 401 1. [Youth may be sent to charity school at Zanesville.] 
The board of education of the city of Zanesvjlle may contract with the 
trustees having the management of any fund which has been provided 
by gift, devise, or bequest for the establishment or support of a school 
or schools for poor children therein, for the admission to any such school 
of children resident in the city, and pay to such trustees out of the school 
funds under its control, such tuition fee as may be agreed upon for each 
scholar so admitted, but not entitled to admission according to the terms 
of such gift, devise or bequest, and also provide for such right of visita- 
tion or control of such school or schools by the board as may be agreed 
upon ; such school or schools shall be kept at the least equal in grade 
and efficiency to the corresponding public schools of the state; and every 
such contract shall expire in three years from the time of its execution, 
unless renewed or extended by agreement ; but this section shall in no 
manner apply to any school or schools supported or controlled by any 
church, congregation, sect or religious denomination or association of 
any kind. (75 v. 530, § I.) 

Sec. 4012. [Evening schools.] In any township, special, village, 
or city district, or part thereof, parents or guardians of youth of school 
age may petition the board of education to organize an evening school. 
The petition shall contain the names of not less than twenty-five youth 
of school age who will attend such school, and who for reasons satis- 
factory to the board are prevented from attending day school. Upon 
receiving such petition the board of education shall provide and fur- 
nish a suitable room for the evening school and employ a competent 
person who holds a regularly issued teacher's certificate, to teach it. 
Such board may discontinue any such evening school, when the aver- 
age evening attendance for any months fall below twelve. (90 v. 116; 
72 v. 29, § 51; S. & C. 1359.) 

Sec. 4012a. [Attendance by persons more than twenty-one years 
old.] Any person more than twenty-one years old may be permitted 
to attend evening school upon such terms and upon payment of such 
tuition as the board of education may prescribe. (90 v. 117.) 

Sec. 4013. [Who may attend school free; crediting school tax on 
tuition of non-resident pupils; assignment of pupils.] The schools 
of each district shall be free to all youth between six and twenty-one 
years of age, who are children, wards or apprentices of actual residents 
of the district, including children of proper age who are or may be 
inmates of a county or district children's home located in any such 
school district, at the discretion of the board of education of said school 
district ; provided that all youth of school age living apart from their 
parents or guardians and who work to support themselves by their own 



120 Ohio school laws. 



Ch. 9. Schools and Attendance Enforced. 



labor, shall be entitled to attend school free in the district in which they 
are employed. Each board of education may admit other persons upon 
such terms or upon the payment of such tuition as it may prescribe; 
provided, that when a youth between the age of six and twenty-one 
years or the parent of such youth owns property in a school district in 
which he does not reside and said youth attends the schools of said 
district, the amount of school tax paid on such property shall be credited 
on the tuition of said pupil. Boards of education are authorized to 
make such an assignment of the youth of their respective districts to 
the schools established by them as will in their opinion best promote the 
interests of education in their districts. (97 v. 360; 87 v. 317; 84 v. 69; 
yy v. 196; Rev, Stat. 1880; 70 v. 195, § 71.) 

Attending school in other districts if nearer; see sections 4022, 4022a. 

The children inmates of the German Protestant Asylum of Cincinnati, are not "children, 
wards, or apprentices of actual residents" in the school district within which said asylum is 
located, and therefore, under the act of Feb. 21, 1849, are not entitled to gratuitous admission 
to the privileges of the public schools of said district. 10 O. S., 44S. 

No regulation can be made under this section that does not apply to all children, irre- 
spective of race or color. Separate schools for colored children were abolished by the repeal 
of Sec. 4008. 45 O. S., 555. 

Under this section persons under twenty-one years of age, though married, are entitled 
to all the privileges of the schools of the district in which they reside, notwithstanding they 
have not been enumerated in the school census, and in consequence can draw no part of the 
state school fund. 

A person is only entitled to vote in the sub-district in which he actually resides; the fact 
that his children have been transferred to another sub-district does not change his voting, place. 

That portion of the above section relating to children living apart from their parents or 
guardians, who support themselves by their own labor, does not apply where a child moves into a 
district in which his parents do. not live, with the express purpose of attending school, and 
incidentally works for his board and lodging; in such cases tuition can be charged. 

Sec. 4014. [Suspension and expulsion of pupils.] No pupil shall 
be suspended from school by a superintendent or teacher except for such 
time as may be necessary to convene the board of education, and no 
pupil shall be expelled except by a vote of two-thirds of such board, and 
not until the parent or guardian of the offending pupil has been notified 
of the proposed expulsion, and permitted to be heard against the same ; 
and no pupil shall be suspended or expelled from any school beyond the 
current term thereof. (89 v. 96; 70 v. 195, § 71.) 

The father of a child entitled to the benefits of the public school of the sub-district of 
his residence may maintain an action against the teacher of the school, and the local directors 
of the sub-district, for damages for wrongfully expelling the child from school. 21 O. S., 666. 

In many cases of incorrigibility proceedings can be instituted against the offender as 
provided by section 4022-8, as a juvenile disorderly person (section 4022-4), instead of ex- 
pulsion by the board, as it is in the interest of the commonwealth to keep the child in school, 
if possible. 

The parent has no right to interfere with the order or progress of the school by detain- 
ing It's child at home, or by sending him at times that prove an annoyance or hindrance to 
others. 31 Iowa, 568. 

The right to attend school is not absolute, but conditional on compliance with the rules. 
48 Vt., 473. 



UliiU SCHOOL LAWS. 121 



Schools and Attendance Enforced. Ch. 9. 



Sec. 4015. [Legal holidays; schools may be dismissed on.] 
Teachers employed in the public schools may dismiss their schools, with- 
out forfeiture of pay, on the first day of January, the twenty-second day 
of February, the thirtieth day of May, the fourth day of July, the first 
Monday in September, the twenty-fifth day of December, and on the 
day set apart by proclamation of the President of the United States 
or Governor of this state as a day of fast, thanksgiving or mourning. 
(97 v. 360; 1886, April 9; 83 v. 73; Rev. Stat. 1880; 70 v. 195, § 116.) 

A teacher is not bound by the provisions of a contract which are in contravention of law. 

He may dismiss his school on legal holidays without forfeiture of pay, notwithstanding 
the clause in his contract providing salary by the day. 

Boards of education cannot compel teachers to make up for time lost on the above- 
mentioned days. 

Hiring teachers by the day does not affect thejr rights under this section. 

It is held in Michigan that "school management should always conform to those decent 
usages which recognize the propriety of admitting to hold exercises on recognized holidays. 
All contracts for teaching during periods mentioned must be construed of necessity as sub- 
ject to such days, and there can be no penalty laid upon such observances, in the way of 
forfeitures or reductions of wages." 39 Mich., 484. 

(4015-1) Sec. 1. [Arbor day.] That the governor of said state 
shall, not later than April appoint and set apart one day in the spring sea- 
son of each year, as the day on which those in charge of the public schools 
and institutions of learning under state control, or state patronage, shall, 
for at least two hours, give information to the pupils and students con- 
cerning the value and interest of forestry, and the duty of the public to 
protect the birds thereof, and also for planting forest trees. Said day 
shall be known as Arbor Day. (79 v. 243; 95 v. 38.) 

Sec. 4016. [School year, month, and week.] The school year 
shall begin on the first day of September of each year, and close on the 
thirty-first day of August of the succeeding year ; and a school week 
will consist of five days, and a school month of four school weeks. 70 
v. 215, § 70; 72 v. 181, § 6.) . 

Boards of education cannot compel pupils to attend school, or teachers to teach the same, 
more than five days in any one week, and teachers cannot make up for lost time by teaching 
six days in a week without express authority from the board of education. 

Teachers have no right, without express authority of the board of education, to make up 
lost time by teaching on Saturday or on a holiday. The custom is so well established of keep- 
ing the schools in session the five working days of each week exclusive of Saturday, and of 
dismissing on the holidays named, that to change this custom would manifestly require action 
by the board. As the law does not prescribe the days of the week to be taught, the board 
may, under section 39S5, authorize the intermission of school on Monday or any other day 
most convenient to the inhabitants. In a few districts in Ohio, there is no session on Monday. 

Sec. 4017. [Control of schools vested in boards; appointees; 
salaries.] Each board of education shall have the management and 
control of all of the public schools of whatever name or character in the 
district, with full power to appoint a superintendent of the public schools, 
truant officers, and janitors and fix their salaries ; and, if deemed 
essential for the best interests of the schools of the district, the board 



122 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

may, under proper rules and regulations, appoint a superintendent of 
buildings, and such other employes as the board may deem necessary, and 
fix their salaries ; 

[Salaries of teachers; paid during epidemic; appointments of 
former teachers.] And each board shall fix the salaries of all teachers, 
which salaries may be increased, but shall not be diminished during the 
term for which the appointment is made, and teachers shall be paid for 
all time lost when the schools in which they are employed are closed 
owing to an epidemic or other public calamity, but no person shall be 
appointed as a teacher for a term longer than four school years, nor for 
a less term than one year except to fill an unexpired term, the term to 
begin within four months of the date of the appointment, provided that 
in making appointments teachers in the actual employ of the board shall 
be first considered before new teachers are chosen in their stead. 

For minimum salary law see "An Act" following this section. 

[School director in city districts; appointment; power; duties; 
salary; removal.] A board of education in a city district may, at its 
discretion, elect a director of schools, who shall serve as such for the 
term of two years, unless earlier removed as hereinafter provided, and 
any vacancy in this office shall be filled for the unexpired term of such 
director of schools. As director of schools, he shall execute for the 
board of education, in the name of the school district, its contracts and 
obligations, except that bonds issued shall be signed by the president of 
the board, and attested by the clerk. He shall see that all contracts 
made by or with said board shall be fully and faithfully performed. 
Except teachers, assistant teachers, supervisors, principals, superintendent 
of instruction, clerk of the board of education, he shall have the appoint- 
ment subject to the approval and confirmation of the board of all em- 
ployes, and may discharge the same. He shall have the care and custody 
of all property of the school district, real and personal, except moneys. 
He shall oversee the construction of buildings, in the process of erection, 
and the repairs of the same. He shall advertise for bids and purchase 
all supplies and equipments authorized by the board. He shall report to 
the board monthly, and oftener if required, as to all matters under his 
supervision, and report to the board a statement of its accounts, ex- 
hibiting the revenues, receipts, disbursements, assets and liabilities of the 
board, the sources from which the revenues and funds are derived, and 
in what manner the same have been disbursed. He shall keep accurate 
account of taxes levied for school purposes, and all moneys due to, re- 
ceived and disbursed by the board ; also* of all assets and liabilities and 
all appropriations made by the board, and shall receive and preserve all 
vouchers for payments and disbursements made to or by the board. He 
shall issue all warrants for the payment of money from the school fund. 



U111U SCHOOL LAWS. 



123 



Schools and Attendance Enforced. Ch. 9. 



but no warrant shall be issued for the payment of any claim until such 
claim has been approved by the board, and the pay-roll for teachers, 
assistant teachers and supervisors shall be counter-signed by the super- 
intendent of instruction. He shall attend all meetings of the board, and 
perform all of its executive functions not hereinbefore excepted in 
defining the duties of the director of schools. He shall devote such 
portion of his time to the duties of his office as may be required by the 
board of education at or before his election, and shall give a bond for the 
faithful discharge of his duties as director of schools, in such sum as the 
board may determine, his sureties to be approved by the board, which 
bond shall be deposited with the president of the board within ten days 
after his appointment. He shall receive such compensation, not exceeding 
$5,000 per annum, as may be fixed by the board before his election, 
which compensation shall not be changed during his term of office. The 
board of education may, at any time, by a two-thirds vote for cause, sus- 
pend or remove the director of schools, but such suspension or removal 
shall not be made unless the charges are preferred in writing, and an 
opportunity afforded to bring all offered pertinent testimony in as a 
defense, which testimony shall be received and considered by the board 
and made a part of the records. 

[Contracts with employes; resignations; dismissals.] Upon the 
appointment of any person to any position under the control of the board 
of education, it shall be the duty of the clerk promptly to notify such 
person verbally or in writing of the appointment and the conditions there- 
of and request and secure from such person within a reasonable time to 
be determined by the board, his acceptance or rejection of the appoint- 
ment thus made, and an acceptance of such appointment within the time 
thus determined shall constitute a contract binding both parties thereto 
until such time as it may be dissolved, shall expire, or the appointee be 
dismissed for cause. All resignations or requests for release from con- 
tract by teachers, superintendents, or employes, shall be promptly con- 
sidered by the board, but no resignation or release shall become effective 
except by consent of the board. Each board may dismiss any appointee 
or teacher for inefficiency, neglect of duty, immorality, or improper con- 
duct ; but no teacher shall be dismissed by any board unless the charges 
are first reduced to writing and an opportunity be given for defence 
before the board, or a committee thereof, and a majority of the full mem- 
bership of the board vote upon roll call in favor of such dismissal. (97 
v. 360; 93 v. 48; 91 v. 422, 113; 89 v. 96, 202; 87 v. 372; 70 v. 190, 
§53-) 



124 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

AN ACT 

To provide for state aid for weak school districts. 
Be it enacted by the General Assembly of the State of Ohio: 

Sec. i. That no person shall be employed to teach in any public 
school in Ohio for less than forty dollars a month ; and that, when any 
school district in Ohio has not sufficient money to pay its teachers forty 
dollars per month for eight months of the year, after the board of educa- 
tion of said district has made the maximum school levy authorized by law, 
three-fourths of which shall be for the tuition fund, then said school 
district is hereby authorized to receive from the state treasury sufficient 
mone) 1 to make up this deficiency. Any board of education having such a 
deficit. shall make affidavits to the county auditor, who shall send a certi- 
fied statement of the facts to the state auditor. The state auditor shall 
issue a voucher on the state treasurer in favor of the treasurer of said 
school district for the full amount of the deficit in the tuition fund. 

Sec. 2. No district shall be entitled to state aid as provided in 
section I of this act, unless the number of persons of school age in said 
district shall be at least twenty times the number of teachers employed 
in said district. (98 v. 200.) 

While no appropriation was made for state assistance, the remaining features of the law 
are in force just the same and hoards of education are required to pay the minimum salary 
of forty dollars a month for eight months, provided the levy of twelve mills, three-fourths 
of which shall be placed in the tuition fund, will he sufficient for this purpose. Where the 
levy is not sufficient for this purpose, the schools should be continued for eight months at 
the highest salary the amount received from the levy will permit. 

If a board of education require its committee on teachers or, in city districts, the super- 
intendent, to report the teachers for reappointment and the newly appointed teachers on sep- 
arate lists, the» adoption of the report or the confirmation of the appointments by the super- 
intendent is sufficient consideration as required by law. 

The restriction that no contract is valid unless money is in treasury and set apart, does 
not apply to contracts authorized by the provisions of law to be made for employing teachers 
and other school employes; see Sec. 2S34b, under 3971. 

Vote necessary to elect superintendent and teachers; Sec. 3982. 

Sec. C975a. It shall be unlawful for any person to offer or 
give, directly or indirectly, any reward or consideration, or make 
any present or reduction in price to any person employed in any 
of the public schools of this state, or to any officer having any 
authority or control over the same for favoring, recommending 
or advocating the introduction, adoption or use, in the school 
in which such person is employed, or over which such officer 
has any authority or control, of any text-book, map, chart, globe, 
or other school supplies, or to induce him so to do; and it shall 
be unlawful for an)' such employee or officer, to accept or to 
offer or agree to receive or accept any reward, consideration, 
present, gift, or reduction in price for so doing; and it shall 
also be unlawful for any local director or member of a board of 
education to vote for, or participate in the making of any con- 
tract with any person as a teacher or instructor in any of the 
public schools of this state to whom he is related as father or 
brother, or to act in any matter in which he is pecuniarily inter- 
ested, or to receive, or offer to accept or receive any reward or 



Oil hi SCHOOL LAWS. 



125 



Schools and Attendance Enforced. Ch. 9. 



gain for any official act Any person violating any of the- fore- 
going provisions shall, upon conviction, he lined not less than 
twenty-five dollars, and not more than five hundred dollars, or be 
imprisoned not more than six months, or both. 

Note — A member of a hoard of education cannot legally vote for any person related, 
either by blood or marriage, in the degrees mentioned in Sec. 6975a. 

Where instruction in rhetoric is given in any grade or department of the school, and 
one of the rules adopted by the board for the government of the pupils therein provides that 
if any pupil should tail to be prepared with a rhetorical exercise at the time appointed there- 
for, he or she should, unless excused on account of sickness or other reasonable, cause, lie 
immediately suspended from such department, it was held that such a rule was reasonable. 
29 O. S., 89. 

This section, as enacted March 31, 1S92, repealed by implication the same section as enacted 
March 15, 1892. 1 N. P., 2S6. 

The passage of a resolution to employ a certain teacher, notice sent to him, and the party 
accepting and entering upon his duties, constitutes a valid contract between the school board 
and the teacher. 12 C. C, 2-19. 

Instructor or teacher having sexual intercourse with female pupil; see Sec. 7024, R. S. 

Illegal provisions in a contract to employ a teacher, which are separate from the legal part 
and are not performed, do not invalidate his right to recover his salary, as where he was 
employed at a certain salary, with a provision that if he could not do the work alone he should 
have power to employ assistance at his own expense, but he performed the service without an 
assistant.. 29 O. S., 161. 

Under R. S., Sec. 4017, as amended March 11, 1S9S, final power is conferred upon town- 
ship boards of education in the matter of electing teachers in township sub-districts. 5 N. P., 446. 

Township boards of education can, when* the best interests of the school require it, re- 
ject teachers recommended by the sub-directors and cannot be required to give reasons for 
such action. 

Boards of education are authorized to adopt and enforce necessary rules and regulations 
for the government of schools under their management and control. Sewall v. Board of Edu- 
cation, 29 O. S., 89. See Sec. 3985. 

A committee on teachers appointed by the board, or the director of a subdistrict, may 
make recommendations to the board, but no teacher, or other employee, can be legally elected 
except at a meeting of the board of education, and by a majority vote of the entire board and 
after the manner directed in section 3982. If the meeting is a special one, each member must 
have been notified in accordance with the provisions of section 3920. 

The dismissal of a teacher or other employee is business and must be transacted at a 
regular or special meeting, and reasons therefor must be spread upon the minutes. 

If a teacher is employed for a definite time, and, during the period of his employment, 
the district officers close the schools on account of the prevalence of contagious diseases, and 
keep them closed for a time, and the teacher continues ready to perform his contract, he is 
entitled to full wages during such period. The act of God is not an excuse for non-perfor- 
mance of a contract unless it renders performance impossible; if it merely makes it difficult 
and* inexpedient, it is not sufficient. . Although under such circumstances it is eminently pru- 
dent to dismiss school, yet this affords no reason why the misfortune of the district should be 
visited upon the teacher. Dewey v. L T nion School District of Alpena, 43 Mich., 480. 

A person who engages to teach for a definite term, and leaves the school without just 
cause, cannot sustain an action for services already rendered. 29 \'t., 219. 

It has been held in New York that absence of a teacher for a single day without consent 
of the trustees annuls the contract. New York Code of Instruction, pp. 705, 723, 731. 

But a teacher abandoning his school because not sustained by the trustees in the enforce- 
ment of reasonable rules is entitled to wages for the time taught. 7 Vermont, 452; 55 Mo., 149. 

The discharge of a janitor's duties is no part of a teacher's work; and, in the absence 
of a contract to perform such duties, he is under no legal obligation to do so, no difference 
what may have been the custom in the district, nor how long acquiesced in. 

The teacher cannot compel pupils to do any janitorial work, such as building fires or 
sweeping school houses. 97 111., 375. 

Many city boards of education have as one of their standing rules that all of their em- 
ployees shall hold their positions at the discretion of the board. This condition in a contract 
with employes hired for a specified time is null and void. The statute names the causes 
for which an appointee may be dismissed, and that appointee can be dismissed for no other. 
A rule of a board of education cannot override a state law. 



1-6 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

Sec. 4017(7. [Superintendents and teachers in city districts; ap- 
pointment and term of office; duties.] The board of education in 
each city school district shall appoint a suitable person to act as super- 
intendent of the public schools of the district, for a term not longer than 
five school years, the term to begin within four months of such appoint- 
ment. Provided, that the present board of education shall not employ a 
superintendent for a term to exceed [extend] beyond the school year 
ending August 31, 1905. Said superintendent shall, upon his acceptance 
of the appointment, become thereby empowered to appoint, subject to the 
approval and confirmation of the board, all the teachers, and he may for 
cause suspend any person thus appointed until the board or a committee 
of the board may consider such suspension, but no one shall be dis- 
missed by the board except as provided in section 4017 of the Revised 
Statutes of Ohio ; provided that any city board of education may, upon 
a three-fourths vote of its full membership, re-employ any teacher 
whom the superintendent refuses to appoint. Said superintendent shall 
visit the schools under his charge, direct and assist teachers in the per- 
formance of their duties, classify and control the promotion of pupils, 
and perform such other duties as the board may determine. He shall 
report to the board of education annually, and oftener if required, as to' 
all matters under his supervision, and may be required by the board to 
attend any and all of its meetings and may take part in its deliberations 
hut shall not vote. 

[Superintendent and teachers in other districts; appointment and 
term of office; duties.] The board of education of each village, town- 
ship and special school district may appoint a suitable person to act as 
superintendent, and to employ the teachers of the public schools of the 
district, for a term not longer than three school years, the term to begin 
within four months of the date of the appointment ; but nothing herein 
shall be construed as preventing two or more districts uniting and ap- 
pointing the same person as superintendent. Provided, that the present 
board of education shall not employ a superintendent or teacher for a 
term to extend beyond the school year ending August 31, 1905. The 
superintendent shall, upon his acceptance of the appointment, become 
thereby empowered to visit the schools under his charge, direct and assist 
teachers in the performance of their duties, classify and control the pro- 
motion of pupils, and perform such other duties as the board may de- 
termine. He shall report to the board of education annually, and oftener 
if required, as to all matters under his supervision, and may be required 
by the board to attend any and all of its meetings, and may take part 
in its deliberations, but shall not vote ; provided, however, that any 
board may permit or require the superintendent to devote a portion of 



OHIO SCHOOL LAWS. 127 



Schools and Attendance Enforced. Ch. 9. 

his time to teaching, subject to the rules and regulations of said board. 
(97 v. 362; 94 v. 577.) 

Sec. 4018. [Teachers, duties of; janitor work not required.] 
All teachers shall exercise reasonable care in regard to all school property, 
apparatus, and supplies intrusted to their keeping. They shall strive 
to guard the health and physical welfare of the pupils in their schools, 
give efficient instruction in the studies pursued, and endeavor to main- 
tain and preserve good discipline over all the pupils under their charge. 
Provided, however, that no teacher shall be required by any board to 
do the janitor work of any school room or building, except as mutually 
agreed by special contract, and for compensation in addition to that re- 
ceived by him for his services as teacher. (97 v. 363 ; 93 v. 48; 89 v. 96; 
87 v. 46; 70 v. 195, § 53.) 

A teacher may decline to perform janitor service until the board makes a special contract 
with him for such service for compensation in addition to his salary as teacher. 

Sec. 4019. [Teachers dismissed for insufficient cause may insti- 
tute suit.] If the board of education of any district dismiss any 
teacher for any frivolous or insufficient reason, such teacher may bring 
suit against such district, and if, on the trial of the cause, a judgment 
be obtained against the district, the board thereof shall direct the clerk 
to issue an order upon the treasurer for the sum so found due to the 
person entitled thereto, to pay the same out of any money in his hands 
belonging to such district, and applicable to the payment of teachers ; 
and in such suits process may be served on the clerk of the district, and 
service upon his [him] shall be sufficient. (97 v. 363; 89 v. 97; 76 v. 
58, § 1.) 

Since possession of a certificate is prima facie evidence of competency and good character 
the burden of sustaining a charge against the teacher for inefficiency, neglect of duty, im- 
morality or. improper conaucc is thrown upon tne person or persons preferring such charges. 

See 2 C. C, under Sec. 4018. 

• Sec. 4020. Repealed 88 v. 568, § 10. 

(4020-1) Sec. 1. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. Enacted, 88 v. 568.) 

(4020-2) Sec. 2. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-3) Sec. 3. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-4) Sec. 4. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-5) Sec. 5. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 



128 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

(4020-6) Sec. 6. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-7) Sec. 7. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-8) Sec. 8. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. 

(4020-9) Sec. 9. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. Enacted, 88 v. 568.) 

TEXT-BOOK LAW. 

Committee on teachers and text-books of township boards of education to recommend 
changes in text-books, etc., see Sec. 3920. 

Where the committee on text-books of a school board recommended the adoption of a 
certain series of books, and the school board amended the report and then adopted it, this 
"determines" the books to be used under R. S., Sec. 4020, and exhausts the power to change 
them, and a majority vote ten days afterwards to reconsider is a nullity. 35 O. S., 368. 

The adoption of the books being in connection with a proposition of the publisher, its 
terms as to prices are conditions of the adoption. Id. 

A rule of the board, that resolutions for changing text-books shall be referred ' to a 
committee and delayed four weeks, is a reasonable one under R. S., Sec. 39S5, and binding. 
Nor can a bare majority abrogate it, for Sec. 39S2 must be construed with Sec. 3985. Hence, 
an adoption of a text-book by a majority, without reference to the committee and four weeks' 
delay, will not be enforced by mandamus on the application of a parent who has purchased 
the new books. 2 C. C, 510. 

(4020-10) Sec. 1. [Filing and preservation of copies and prices 
of school books.] Any publisher or publishers of school books in 
the United States desiring to offer school books for use by pupils in 
the common schools of Ohio as hereinafter provided, shall, before such 
books may be lawfully adopted and purchased by any school board in 
this state, .file in the office of the state commissioner of common schools 
a copy of each book proposed to be so offered, together with the pub- 
lished list wholesale price thereof, and no revised edition of any such 
book shall be used in the common schools until a copy of such revised 
edition shall have been filed in the office of the said commissioner together 
with the published list wholesale price thereof. The said commissioner 
shall carefully preserve in his office all such copies of books and the 
prices thereof so filed. (92 v. 282.) 

(4020-11) Sec. 2. [Maximum price; notification of publisher.] 
Whenever and so often as any book and the price thereof shall be so 
filed in the commissioner's office as provided in section 1, a commission 
consisting of the governor, the secretary of state and the state commis- 
sioner of common schools shall immediately fix the maximum price at 
which such books -may be sold to or purchased by boards of education 
as hereinafter provided, which maximum .price so fixed on any book 
shall not exceed seventy-five per cent, of the published list wholesale 
price thereof, and the state commissioner of common schools shall imme- 



OHIO SCHOOL LAWS. 129 



Schools and Attendance Enforced. Ch. 9. 



diately notify the publisher of such books so filed, of the maximum 
price so fixed. If the publisher so notified, shall notify the commissioner 
in writing that he accepts the price so fixed, and shall agree in writing 
to furnish such book during a period of five years at the price so fixed, 
such written acceptance and agreement shall entitle said publisher to 
offer said book so filed for sale to said board of education for use by 
the pupil under the terms of this act. (92 v. 282.) 

State commissioner of common schools, not authorized to permit publishers to withdraw 
books after they have been listed, before expiration of contract. 

(4020-12) Sec. 3. [Notices to boards; legality dependent on 
compliance.] The said commissioner shall during the first half of 
the month of June, 1896, and during the first half of the month of June 
in each year thereafter, furnish to each board of education the names 
and addresses of all publishers who shall have during the year ending 
on the first day of said month of June in each year, agreed in writing 
to furnish their publications upon the terms provided in this act. And 
it shall not be lawful for any board of education to adopt or cause to 
be used in the common schools any book whose publisher shall not have 
complied, as to said book, with the provisions of this act. (92 v. 282.) 

(4020-13) Sec. 4. [Procedure upon violation of agreement by 
publisher.] If any publisher who shall have agreed in writing to 
furnish books as provided in this act, shall fail or refuse to furnish such 
books adopted as herein provided to any board of education or its author- 
ized agent upon the terms as herein provided, it shall be the duty of 
said board at once to notify the said commission of such failure or 
refusal, and the commission shall at once cause an investigation of such 
charge to be made, and if the same is found to be true the commission 
shall at once notify said publisher and each board of education in the 
state that said book shall not hereafter be adopted and purchased by 
boards of education ; and said publisher shall forfeit and pay to the state 
of Ohio five hundred dollars for each failure, to be recovered in the 
name of the state, in an action to be brought by the attorney general, 
in the court of common pleas of Franklin county, or in any other proper 
court or in any other place where service can be made, and the amount, 
when collected, shall be paid into the state treasury to the credit of the 
common school fund of the state. (92 v. 282.) 

(4020-14) Sec. 5. [Studies, etc.; shipment of books, etc.; sale to 
pupils; purchase from pupils; free books.] Each board of education 
on receiving the statements, above mentioned, from said commissioner, 
shall on the third Monday in August thereafter meet, and at such meet- 
ing, or at an adjourned meeting within two weeks after said Monday, 
determine by a majority vote of all members elected the studies to be 

9 0. s. L. 



130 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

pursued and which of said text-books so filed shall be used in the schools 
under its control, but no text-books so adopted shall be changed, nor 
any part thereof altered or revised, nor shall any other text-book be 
substituted therefor for five years after the date of the selection and 
adoption thereof without the consent of three-fourths of all the members 
elected, given at a regular meeting; and each board of education shall 
cause it to be ascertained, and at regular meetings in April and August 
shall determine which, and the number of each of said books the schools 
under its charge shall require, until the next regular meetings in April 
and August, and shall cause an order to be drawn for the amount in 
favor of the clerk of the board of education, payable out of the contingent 
fund; and said clerk shall at once order said books so agreed upon by 
the board, of the publisher, and the publisher, on the receipt of such 
order, shall ship such books to said clerk without delay, and the clerk 
shall forthwith examine such books, and, if found right and in accord- 
ance with said order, remit the amount to said publisher, and the board 
of education shall pay all charges for the transportation of such books, 
out of the school contingent fund ; but if said boards of education can, 
at any time, secure of the publishers books at a price less than said 
maximum price, it shall be its duty so to do, and may without unnecessary 
delay, make effort to secure such lower price before adopting any par- 
ticular text-book. Each board of education shall have power to, and 
shall make all necessary provisions and arrangements, to place the books 
so purchased within easy reach of and accessible to all the pupils in their 
district, and for that purpose may make such contracts, and take such 
security as they may deem necessary, for the custody, care and sale of 
such books and accounting for the proceeds ; but not to exceed ten per 
cent, of the cost price shall be paid therefor, and said books shall be 
sold to the pupils of school age in the district, at the price paid the pub- 
lisher, and not to exceed ten per cent, therefor added, and the proceeds 
of such sale shall be paid into the contingent fund of such district, and 
whoever receives said books from the board of education for sale as 
aforesaid to the pupils, and fails to account honestly and fully for the 
same, or for the proceeds to the board of education when required, shall 
be guilty of embezzlement and punished accordingly. Provided, how- 
ever, boards of education may contract with local retail dealers to fur- 
nish said books at prices above specified, the said board being still re- 
sponsible to the publishers for all books purchased by the said board 
of education. And when pupils remove from any district, and have 
text-books of the kind adopted in such district, and not being of the 
kind adopted in the district to which they remove, and wish to dispose 
of the same, the board of the district from which they remove, when 



OHIO SCHOOL LAWS. 131 



Schools and Attendance Enforced. Ch. 9. 



requested, shall purchase the same at the fair value thereof, and resell 
the same as other hooks ; and nothing- in this act shall prevent the board 
of education from furnishing free books to pupils as provided by law. 
That for the purpose of carrying into effect the foregoing provisions 
of this act, and paying the expenses incident thereto, there be and is 
hereby appropriated out of any money in the state treasury, to the credit 
of the general revenue fund, not- otherwise appropriated, the sum of 
five hundred dollars, to be disbursed and paid on the allowance and order 
of said commissioner. (92 v. 282.) 

The meeting of a board of education at which it can lawfully adopt text-books must be 
held on the third Monday in August or within two weeks thereafter. 

After text-books have been adopted, any substitution by a three-fourths vote of all the 
members of the board will be for the remainder of the five-year period for which the books dis- 
placed were adopted. 

Penalty for bribery in sale of text-books and school apparatus, see Sec. 6975a, given in full 
under Sec. 1017. 

(4020-15) Sec. 1. [Purchase of Howe's Historical Collections 
of Ohio for schools; payment.] The boards of education of city, 
village, township and special school districts in the state be and are 
hereby authorized to purchase for each school in either of said districts 
one copy of "Howe's Historical Collections of Ohio," to be used as a 
reference book in the study of the history of the state ; provided that 
said book shall be in quality, style, binding and finish equal to the present 
published edition of said work, bound in half Russia leather, and shall 
cost not to exceed three dollars per volume, for each set of three volumes ; 
provided further, that the price of the books and cost of transportation 
shall be paid out of the contingent fund of said district. (89 v. 241.) 

(4020-16) Sec. 2. [Care and preservation of books.] Said books, 
during the vacations of schools, or .when the schools are not in session, 
shall be taken care of in the same manner that maps, globes, dictionaries 
and other school apparatus are cared for and preserved. (89 v. 241.) 

(4020-17) Sec. 1. [Physical training in city schools.] Physical 
training shall be included in the branches to be regularly taught in pub- 
lic schools in city school districts, and in all educational institutions sup- 
ported wholly or in part by money received from the state,* and it shall 
be the duty of the boards of education of city school districts, and boards 
of such educational institutions to make provisions in the schools and 
institutions under their jurisdiction for teaching of physical training, and 
to adopt such methods as shall adapt the same to the capacity of the 
pupils in the various grades therein ; and other boards may make such 
provisions. The curriculum in all normal schools of this state shall con- 
tain a regular course on physical education. (97 v. 364; 89 v. 276.) 

(4020-18) Sec. 1. [Manual training departments, commercial 
departments and kindergartens authorized.] Any board of education 



132 • OHIO SCHOOL LAWS. 



(4020-19) 


Sec. 


1. 


(4020-20) 


Sec. 


2. 


(4020-21) 


Sec. 


1. 


(4020-22) 


Sec. 


2. 



Ch. 9. Schools and Attendance Enforced. 

may establish and maintain manual training and commercial depart- 
ments and kindergartens in connection with the public school system and 
pay the expenses of establishing and maintaining said schools from the 
public school funds, in the same manner and from the same funds as 
other school expenses are paid. (97 v. 364; 84 v. 92. 1 

Repealed April 25, 1904. 

Repealed April 25, 1904. 

Repealed April 25, 1904. 

Repealed April 25. 1904. 
(4020-23) Sec. 1. [Instruction in the effects of alcoholic drinks 
and other narcotics; made a regular branch of study.] The nature 
of alcoholic drinks and other narcotics, and their effects on the human 
system, in connection with the various divisions of physiology and hy- 
giene, shall be included in the branches to be regularly taught in the 
common schools of the state, and in all educational institutions sup- 
ported wholly, or in part, by money from the state ; and it shall be the 
duty of boards of education, and boards of such educational institutions 
to make suitable provisions for this instruction in the schools and insti- 
tutions under their respective jurisdiction, giving definite time and place 
for this branch in the regular course of study ; and to adopt such meth- 
ods as will adapt the same to the capacity of pupils in the various grades ; 
and to corresponding classes as found in ungraded schools ; the same tests 
for promotion shall be required in this as in other branches. (94 v. 396; 
85 v. 213.) 

(4020-24) Sec. 2. [Instruction required in teachers' institutes 
and teachers' training schools; teachers' certificate must contain; en- 
forcement of law.] In all teachers' institutes, also in all normal 
schools and teachers' training classes which shall hereafter be established 
by the state, adequate time and attention shall be given to instruction in 
the best methods of teaching this branch. No certificate shall be granted 
to any person to teach in the common schools or in any educational insti- 
tution supported as aforesaid who does not pass a satisfactory examina- 
tion on this, subject, and the best methods of teaching the same. It shall 
be the duty of the state commissioner of common schools to see that the 
provisions in this section relating to county teachers' institutes, and 
schools and classes by whatever name hereafter established for training- 
teachers, and the examination of teachers, are carried out ; and said com- 
missioner shall, each year, make full report of the enforcement of said 
section in connection with his annual report. (94 v. 396; 85 v. 213.) 

(4020-25) Sec. 3. [Penalty for failure to enforce law; jurisdic- 
tion of courts.] Any school official, or any employe in any way 
concerned, in the enforcement of the act, who wilfully refuses or neglects 



OHIO SCHOOL LAWS. 133 



Schools and Attendance Enforced. Ch. 9. 

to provide for, or to give the instruction required by this act, shall be 
fined, and shall pay for each offense the sum of twenty-five dollars. 
Mayors, justices of the peace and probate judges shall have concurrent 
jurisdiction with the common pleas court to try the offenses described 
in this act and- all fines, or penalties, collected under this act shall be paid 
into the general county school fund of the county in which such fine or 
penalty was collected. (94 v. 396; 85 v. 213.) 

Sec. 4021. [German language taught, how.] Boards of ed- 
ucation are authorized to provide for the teaching of the German lan- 
guage in the elementary and high schools of the district over which they 
have control, but said language shall only be taught in addition to, and 
as auxiliary to, the English language ; all the common branches in the 
public schools shall be taught in the English language. (97 v. 364; 70 

v. 195. § 52.) 

Sec. 4022. [Pupils may be sent from one district to another.] 

The board of any district may contract with the board of any other dis- 
trict for the admission of pupils into any school in such other district, 
on such terms as may be agreed upon by such boards ; and the expense 
so incurred shall be paid out of the school funds of the district sending 
such pupils. {J2> v. 243, § 64.) 

Who may be admitted to the public schools; see Sec. 4013. 

The contract must be express, merely permitting the attendance of a non-resident pupil 
creates no liability. 50 O. S., 439. 

Sec. 4022a. [Attendance when pupils live over one and one- 
half miles from school; payment of tuition, how computed.] When 
pupils live more than one and one-half miles from the school to which 
thev are assigned in the district in which they reside, they are entitled 
to attend a nearer school in the same district, or if there be no nearer 
school in said district, they may attend the nearest school in another 
school district, in all grades below the high school, and in such cases the 
board of education of the district in which they reside shall be compelled 
to pay the tuition of such pupils without an agreement to that effect, but 
a board of education shall not collect tuition for attendance as provided 
herein until after notice of such attendance shall have been given to the 
board of education of the district where the pupils reside, but nothing 
contained herein shall be construed to require the consent of the board of 
education of the district where the pupils reside, to such attendance ; 
said tuition shall be paid from either the tuition or the contingent funds 
and the amount per capita shall lie ascertained by dividing the total ex- 
penses of conducting the elementary schools of the district attended, ex- 
clusive of permanent improvements and repairs, by the total enrollment 
in the elementary schools of the district, said amount to be computed by 
the month and an attendance any part of a month shall create a liability 



134 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

for the whole month. When the schools of a district are centralized or 
transportation of pupils provided, the provisions of this section shall not 
apply- (97 v. 364 ; 92 v. 132 ; 91 v. 54 ; 90 v. 295 ; 89 v. 233.) 

No contract between the boards is necessary. If the receiving board give the permission, 
the sending board must pay, no permission of the sending board is necessary. 10 C. C, 617. 

The distance is to be measured by the most direct public highway, from the school house 
to the nearest portion of the curtilage of the child's residence. 58 O. S., 390. 

This section of the law does not apply where transportation is furnished to pupils. 

COMPULSORY EDUCATION. 

"The statute passed by the general assembly of the state of Ohio, April 25, 1890, entitled 
'An act to compel children under 14 years of age to attend school a certain length of time 
each year'; Held to be constitutional. 

"Tile provisions of section 11 of said statute apply to the principals and teachers of paro- 
chial schools, such schools being included in the term 'private schools.' 

"1st. The proviso to section 9 of the act is: 'Provided that this law shall not be opera- 
tive in any school district where there are not sufficient seating accommodations to seat chil- 
dren compelled to attend school under the provisions of this act'; Held, the provision does 
not require the furnishing of seating accommodations for children attending private schools. 

"Held, further, that the burden of proving that there was not sufficient seating capacity 
was incumbent, in the first instance, upon the defendant; but upon the whole evidence the 
burden of proof remains with the prosecution. 

"Section 13 of the act, as amended, does not give mayors, justices of the peace and pro- 
bate judges exclusive jurisdiction to try persons or officers for neglecting to perform duties 
required of them under said act, but the jurisdiction conferred upon them is concurrent with 
that of the court of common pleas. In criminal prosecutions the state has a right to demand 
and have a struck jury to try the case." 5 C. C, 63S; Aff d by Supreme Court (no report). 

Sec. 4022-1. [In what branches children must be taught; neces- 
sary time of attendance^; excuse; appeal in case of refusal to excuse.] 

All parents, guardians and other persons who have care of children, shall 
instruct them, or cause them to be instructed in reading, spelling, writing, 
English grammar, geography and arithmetic. Every parent, guardian 
or other person having charge of any child between the ages of eight and 
fourteen years shall send such child to a public, private or parochial 
school, for the full time that the school attended is in session, which shall 
in no case be for less than twenty-four weeks, and said attendance shall 
begin within the first week of the school term, unless the child is excused 
from such attendance by the superintendent of the public schools, in city 
or other districts having such superintendent, or by the clerk of the 
board of education in village, special and township districts not having 
such superintendent, or by the principal of the private or parochial 
school, upon satisfactory showing, either that the bodily or mental con- 
dition of the child does not permit of its attendance at school, or that 
the child is being instructed at home by a person qualified, in the opinion 
of the superintendent of schools in city or other districts having such 
superintendent, or the clerk of the board of education in special, village 
and township districts not having such superintendent, to teach the 
branches named in this section. In case such superintendent, principal or 
clerk refuse to excuse a child from attendance at school, an appeal may be 
taken from such decision to the probate judge of the county, upon the 



OHIO SCHOOL LAWS. 135 



Schools and Attendance Enforced. Ch. 9. 

giving of a bond, within ten days after such refusal, to the approval of 
said judge, to pay all the cost of the appeal, and the decision of the pro- 
bate judge in the matter shall be final. All children between the ages 
of fourteen and sixteen years, not engaged in some regular employment, 
shall attend school for the full term the schools of the district in which 
they reside are in session during the school year, unless excused for [the j 
reasons above named. Any parent, guardian, or other person, having 
care of a child between the ages of eight and fourteen years, who shall, 
in violation of the provisions of this section, fail to place such child 
in school at the commencement of the annual school term within the time 
prescribed in this section, shall upon conviction, be fined not less than 
five dollars nor more than twenty dollars. And upon the failure or 
refusal of any such parent, guardian, or other person to pay said fine, then 
said parent, guardian, or other person shall be imprisoned in the county 
jail not less than ten days nor more than thirty days. (95 v. 615; 90 v.. 
285; 86 v. 333: 89 v. 389; 87 v. 316, 143.) 

Sec. 6986-7. No child undei the age of fourteen years shall 
be employed in any factory, workshop, mercantile or other estab- 
lishment, directly or indirectly; and no child under fourteen years 
of age shall be employed at any work performed for wages or 
other compensation, or in assisting any person employed as a wage- 
earner, when the public schools in which district such child resides 
are in session. 

Sec. 4022-2. [Employment of children under sixteen years of 
age; penalty.] No child under sixteen years of age shall be em- 
ployed or be in the employment of any person, company or corporation 
during the school term and while the public schools are in session, unless 
such child shall present to such person, company or corporation an age 
and schooling certificate herein provided for. An age and schooling cer- 
tificate shall be approved only by the superintendent of schools, or by a 
person authorized by him, in city or other districts having such superin- 
tendent, or by the clerk of the board of education in village, special and 
township districts not having such superintendent, upon a satisfactory 
proof of the age of such minor and that he has successfully completed the 
studies enumerated in section 4022-1 of the Revised Statutes of Ohio; 
or if between the ages of fourteen and sixteen years, a knowledge of his 
or her ability to read and write legibly the English language. The age 
and schooling certificate shall be formulated by the state commissioner 
of common schools and the same furnished, in blank, by the clerk of the 
board of education. Every person, company or corporation employing 
any child under sixteen years of age, shall exact the age and schooling 
certificate prescribed in this section, as a condition of employment and 
shall keep the same on file, and shall upon request of the truant officer 
herein provided for, permit him to examine such age and schooling cer- 
tificate. Any person, company or corporation, employing any minor con- 



136 OHIO SCHOOL LAWS. 



Oh. 9. Schools and Attendance Enforced. 

trary to the provisions of this section shall be fined not less than twenty- 
five nor more than fifty dollars. (97 v. 365; 95 v. 616; 90 v. 285; 86 
v- 334, § 2.) 

Sec'. 302. No child under fifteen years of age shall be allowed 
to work in any mine, during the school term of the public schools 
in the district in which such minor resides, and no child under 
fourteen years of age shall be employed in any mine during the 
vacation interim of the public schools in the school district in 
which such minor resides, and in all cases of minors applying for 
work the agent of such mine shall see that the provisions of this 
section are not violated; he shall also keep a record of all minors 
employed by him, or by any person employed in said mines, 
giving the name, age, place of birth, parents' name and resi- 
dence, with character of employment, and he shall demand from 
such minor proof that he has complied with the requirements 
of the school laws; and it shall be the duty of the mine inspector 
to inspect such record and to report to the chief ' inspector of 
mines the number of minors employed in or about such mines and 
to enforce the provisions of this section. 

Sec. 4022-3. [Attendance of minors in certain cases; employ- 
ment of such minors; penalty.] All minors over the age of fourteen 
and tinder the age of sixteen years, who cannot read and write the 
English language shall be required to attend school as provided in sec- 
tion 4022-1 of the Revised Statutes of Ohio and all the provisions of 
said section shall apply to said minors ; provided, that such attendance 
shall not be required of such minors after they have secured a certificate 
from the superintendent of schools, in districts having superintendents 
or the clerk of the board of education in districts not having superin- 
tendents, that they can read and write the English language. No person, 
company or corporation shall employ any such minor during the time 
schools are in session, or having such minor in their employ shall im- 
mediately cease such employment, upon notice from the truant officer 
who is hereinafter provided for. Every person, company or corpora- 
tion violating the provisions of this section shall be fined not less than 
twenty-five nor more than fifty dollars. (95 v. 617; 90 v. 286; 86 v. 334; 
§§ 3. 4; 87 v. 143.) 

Boards of education are authorized by section 39S5 to make rules and regulations for the 
government of the schools under their control; they can therefore prescribe the part of the day 
to be attended under this section of the law, whether morning or afternoon. 

What attendance at night school is equivalent to attendance at day school, see Sec. 4029. 

"Write legibly simple sentences in the English language," evidently means, not the copy- 
ing of such sentences, but the writing of them at dictation. 

Sec. 4022-4. [Juvenile disorderly persons.] Every child between 
the ages of eight and fourteen years, and every child between the ages 
of fourteen and sixteen years unable to read and write the English lan- 
guage, or not engaged iri some regular employment, who is an habitual 
truant from school, or who absents itself habitually from school, or who, 
while in attendance at any public, private or parochial school, is incor- 



OHIO SCHOOL LAWS. 137 



Schools and Attendance Enforced. Ch. 9. 



risible, vicious or immoral in conduct, or who habitually wanders about 
the streets and public places during school hours having no business or 
lawful occupati :>, :•':;. II be deemed a juvenile disorderly person, and be 
subject to the provisions of this act. (95 v. 617; 90 v. 286; 86 v. 335, 
§ 5: 90 v. 57; 88 v. 136.) 

Many different meanings are likely to be attached to the phrases "regular employment," 
'"habitual truant," "lawful occupation," etc., and in the absence of any decision of the court 
defining these expressions, it is very difficult, in fact scarcely possible, to draw an exact line 
of definition. Boards of education should adopt rules governing such matters. Such rules 
should inform the public as to the interpretation placed upon these expressions by the board, 
and if reasonable, would almost certainly be sustained by the courts. 

Proceedings against juvenile disorderly persons, see Sec. 4022-8. 

Sec. 4022-5. [Truant officers; powers and duties.] To aid in 
the enforcement of this act, truant officers shall be appointed and em- 
ployed as follows : In city districts the board of education shall appoint 
and employ one or more truant officers; in special, village and township 
districts the board of education shall appoint a constable or other person 
a*s truant officer. The compensation of the truant officer shall be fixed 
and paid by the board appointing him. The truant officer shall be vested 
with police powers, the authority to serve warrants, and shall have au- 
thority to enter workshops, factories, stores and all other places where 
children may be employed, and do whatever may be necessary, in the 
way of investigation or otherwise, to enforce this act ; he is also author- 
ized to take into custody the person of any youth between eight and 
fourteen years of age, or between fourteen and sixteen years of age 
when not regularly employed or when unable to read and write the Eng- 
lish language, who is not attending school, and shall conduct said youth 
to the school he has been attending, or which he should rightfully attend. 
The truant officer shall institute proceedings against any officer, parent, 
guardian, person or corporation violating any provisions of this act, and 
shall otherwise discharge the duties described in this act, and perform 
such other services as the superintendent of schools or the board of edu- 
cation may deem necessary to preserve the morals and secure the good 
conduct of school children, and to enforce this act. The truant officer 
shall keep a record of his transactions for the inspection and informa- 
tion of the superintendent of the schools and the board of education; 
and he shall make daily reports to the superintendent of schools during 
the school term in districts having superintendents, and to the clerk of 
tlie board of education in districts not having superintendents, as often 
as required by him. Suitable blanks for the use of the truant officer 
shall be provided by the clerk of the board of education. (95 v. 617; 
90 v. 286; 86 v. 335, § 6; 87 v. 325, 144.) 

Chief and district inspectors of workshops have authority of truant officers, etc., under 
act as to employment of minors; see Sec. 69SG-10, R. S. 



138 OHIO SCHOOL LAW 



Ch. 9. Schools and Attendance Enforced. 



Where a pupil is attending school in a district in which he does not reside, he is under 
the jurisdiction of the school officers of the district where lie attends. 

Sec. 4022-6. [Report of principal and teachers.] It shall be the 
"duty of all principals and teachers of all schools, public, private and 
parochial, to report to the clerk of the board of education of the city, 
special, village or township district in which the schools are situated, 
the names, ages and residences of all pupils in attendance at their schools, 
together with such other facts as said clerk may require in order to 
facilitate the carrying out of the provisions of this act, and the clerk 
shall furnish blanks for such purpose, and such report shall be made 
during the last week of each month from September to June inclusive 
of each year. It shall be the further duty of such principals and teachers 
to report to the truant officer, the superintendent of public schools, or 
the clerk of the board of education, all cases of truancy or incorrigibility 
in their respective schools as soon after these offenses have been com- 
mitted as practicable. (95 v. 618; 90 v. 287.) 

See 5 C. C, 63S, immediately preceding Sec. 4022-1. 

Boards of education should have blank forms printed to comply with the provisions of this 
section of the law. 

Sec. 4022-7. [Proceedings in case of truancy; penalties.] On 

the request of the superintendent of schools or the board of education, 
or when it otherwise comes to his notice, the truant officer shall examine 
into any case of truancy within his district, and warn the truant and 
his parents, guardian or other person in charge, in writing, of the final 
consequences of truancy if persisted in. When any child between the 
ages of eight and fourteen years, or any child between the ages of four- 
teen and sixteen years who cannot read and write the English language 
or who is not regularly employed, is not attending school, in violation 
of the provisions of this act, the truant officer shall notify the parent, 
guardian or other person in charge of such child, of the fact, and re- 
quire such parent, guardian or other person in charge, to cause the 
child to attend some recognized school within two days from the date 
of the notice ; and it shall be the duty of the parent, guardian or other 
person in charge of the child, so to cause its attendance at some recog- 
nized school. Upon failure to do so, the truant officer shall make com- 
plaint against the parent, guardian or other person in charge of the 
child, in any court of competent jurisdiction in the city, special, village 
or township district in which the offense occurs, for such failure, and 
upon conviciton. the parent, guardian or other person in charge, shall he 
fined not less than five dollars nor more than twenty dollars, or the 
court may in its discretion, require the person so convicted to give a 
bond in the penal sum of one hundred dollars, with sureties to the ap- 



OHIO SCHOOL LAWS. 139 



Schools and Attendance Enforced. Ch. 9. 

proval of the court, conditioned that he or she will cause the child under 
his or her charge to attend some recognized school within two clays, 
thereafter and to remain at such school during the term prescrihed by 
law ; and upon the failure or refusal of any such parent, guardian or 
other parson to pay said fine and costs or furnish said bond according 
to the order of the court, then said parent, guardian or other person shall 
be imprisoned in the county jail not less than ten days nor more than 
thirty days. (95 v. 618: 90 v. 287; 86 v. 336, §§ 8, 9.) 

Under this section trial by jury is not authorized. The courts have discriminated be- 
tween imprisonment as a direct penalty for an offense and imprisonment used as a means of 
enforcing the payment of a fine. 42 O. S., 1S6. Section 12 of this law makes imprisonment a 
direct penalty for the offense and hence provides for a trial by jury. 

For form of notice, see Appendix. 

Sec. 4022-8. [Proceedings against, juvenile disorderly persons.] 

If the parent, guardian or other person in charge of any child shall, upon 
the complaint under the last section for failure to cause the child to 
attend a recognized school prove inability to do so, then he or she shall 
be discharged, and thereupon the truant officer shall make complaint that 
the child is a juvenile disorderly person within the meaning of section 
4022-4 of the Revised Statutes of Ohio. If such complaint be made 
before any mayor, justice of the peace, or police judge, it shall be cer- 
tified by such magistrate to the probate judge. The probate judge shall 
hear such complaint, and if he determine that the child is a juvenile 
disorderly person within the meaning of section 4022-4 of the Revised 
Statutes of Ohio he shall commit the child if under ten years of age, 
and eligible for admission thereto, to a children's home, or if not eligible, 
then to a house of refuge if there be one in the county or to the boys' 
industrial school or the girls' industrial home, or to some other juvenile 
reformatory. No child over ten years of age shall be committed to a 
county children's home, and any child committed to a children's home, 
may on request of the trustees of such home and it being shown that it 
is vicious and incorrigible, be transferred by the probate judge to the 
boys' industrial school or the girls' industrial home. A child committed 
to any juvenile reformatory under this section, shall not be detained 
there beyond the age of sixteen years and may be discharged sooner by 
the trustees under the restrictions applicable to other inmates. Any order 
of commitment to a juvenile reformatory may be suspended, in the dis- 
cretion of the probate judge, for such time as the child may regularly 
attend school and properly conduct itself. The expense incurred in the 
transportation of a child to a juvenile reformatory and the costs in the 
case in which the order of commitment is made, or the child discharged, 
or in which judgment is suspended, shall be paid by the county where 
the offense was committed, after the manner provided in section 759 of 



140 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 



the Revised Statutes of Ohio. Provided, further, that if for any cause 
the parent, guardian or other person in charge of any juvenile disorderly 
person as defined in section 4022-4 of the Revised Statutes of Ohio shall 
fail to cause such juvenile disorderly person to attend a school, then 
complaint against such juvenile disorderly person shall be made, heard 
and determined in like manner as provided in case the parent proves 
inability to cause such juvenile disorderly person to attend school. (95 
v. 619; 90 v. 288; 86 v. 337, § 8; 87 v. 325, 144.) 

As to first giving notice to the board of county visitors, see Sec. 633-18, R. S. 
Attention is called to the fact that only the probate judge can commit the child to any of 
the reformatory institutions; see Sec. 11. 

Sec. 4022-9. [Relief to enable child to attend school required 
time.] When any truant officer is satisfied that any child, compelled 
to attend school by the provisions of this act, is unable to attend school 
because absolutely required to work, at home or elsewhere, in order 
to support itself or help support or care for others legally entitled to 
its services, who are unable to support or care for themselves, the truant 
officer shall report the case to the authorities charged with the relief 
of the poor, and it shall be the duty of said officers to afford such relief 
as will enable the child to attend school the time each year required under 
this act. Such child shall not be considered or declared a pauper by 
reason of the acceptance of the relief herein provided for. In case the 
child, or its parents or guardian, refuse or neglect to take advantage 
of the provisions thus made for its instruction, such child may be com- 
mitted to a children's home or a juvenile reformatory, as provided for 
in section 4022-8 of the Revised Statutes of Ohio. In all cases where 
relief is necessary it shall be the duty of the board of education to fur- 
nish text-books free of charge and said board may furnish any further 
relief it may deem necessary, the expenses incident to furnishing said 
books and the relief to be paid from the contingent funds of the school 
district. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) 

This section of the law refers to all authorities charged with the relief of the poor, and 
makes it the duty of such authorities, and of the board of education, to see that no child is 
prevented from receiving an education on account of poverty. 

Sec. 4022-10. [As to institution of deaf and dumb or institution 
for blind.] The provisions of this act shall apply to children entitled 
under existing statutes, to attend school at the institution for the deaf 
and dumb or the institution for the blind, so far as the same are properly 
enforcible. Truant officers shall, within sixty days after the passage 
of this act, and annually between the first day of July and the first day 
of August, report to the probate judge of their respective counties the 
names, ages and residence of all such children between the ages of eight 



OHIO SCHOOL LAWS. 141 



Schools and Attendance Enforced. Cli. 9- 



and eighteen years, with the names and postoffice address of their parents,, 
guardians or the persons in charge of them; also a statement whether 
the parents, guardians or person in charge of each child is able to edu- 
cate and is educating the child, or whether the interests of the child will 
be promoted by sending it to one of the state institutions mentioned. 
Upon information thus or otherwise obtained, the probate judge may fix 
a time when he will hear the question whether any such child shall be 
required to be sent for instruction to one of the state institutions men- 
tioned, and he shall thereupon issue a warrant to the proper truant officer 
or some other suitable person, to bring the child before such judge at 
his office at the time fixed for the hearing ; and shall also issue an order 
on the parents, guardian or person in charge of the child to appear before 
him at such hearing, a copy of which order, in writing shall be served 
personally on the proper person by the truant officer or. other person 
ordered to bring the child before the judge. If, on the hearing, the 
probate judge is satisfied that the child is not being properly educated 
at home, and will be benefited by attendance at one of the tate institu- 
tions mentioned, and is a suitable person to receive instruction therein,, 
he may send or commit such child to such institution. The cost of such 
hearing, and the transportation of the child to such institution shall be 
paid by the county after the manner provided, where a child is com- 
mitted to a state reformatory under section 4022-8 of the Revised 
Statutes of Ohio ; provided nothing in this section contained shall be 
construed to require the trustees of either of the state institutions men- 
tioned, to receive any child not a suitable subject to be received and in- 
structed therein, under the laws, rules and regulations governing such 
institutions. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) 

Sec. 4022-1 1. [Penalties ; jurisdiction ; violations by corporations ; 
disposition of fines collected; employment of attorney; compensation.] 
Any officer, principal, teacher or other person mentioned in this act, neg- 
lecting to perform any duty imposed upon him by this act. shall be fined 
not less than twenty-five dollars nor more than fifty dollars for each 
offense. Any officer or agent of any corporation violating any provision 
of this act, who participates or acquiesces in or is cognizant of such 
violation, shall be fined not less than twenty-five dollars nor more than 
fifty dollars. Any person who violates any provision of this act for 
which a penalty is not elsewhere in this act provided, shall be fined not 
more than fifty dollars. Mayors, justices of the peace, police judges, 
and probate judges shall have jurisdiction to try the offenses described 
in this act, and their judgment shall be final. When complaint is made, 
information filed, or indictment found against any corporation for vio- 
lating this act, summons shall be served, appearance made, or plea entered, 



142 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

as provided in section 7231, Revised Statutes of Ohio, except that in 
complaints before magistrates, service shall be made by the constable. 
In all other cases process shall be served and proceedings had, as in cases 
of misdemeanor. In even- case of complaint against a child involving 
commitment to any children's home or juvenile reformatory, the board 
of county visitors shall be notified and must attend and protect the in- 
terest of the child on the hearing, as provided in section 633-18 of the 
Revised Statutes of Ohio ; and the order of commitment of the child 
to a state reformatory must show that the county visitors were so notified 
and attended the hearing. All fines collected under the provisions of 
this act shall be paid into the funds of the school district in which the 
offense was committed. Boards of education are authorized to employ 
legal counsel to prosecute any case arising under the provisions of this 
act when it shall deem the same necessary, and the services of such 
counsel shall be paid for from the contingent fund of the district. (95 
v. 621; 90 v. 290; 86 v. 338, §§ 11. 12, 13; 87 v. 326, 145.) 

"Private schools" include parochial schools, 5 C C, 638; Aff'd by S. C. 

The jurisdiction here conferred is not exclusive but is concurrent with the common 
pleas. Id. 

Sec. 4022-12. [Repeated violations.] Every person who, after 
being once convicted for violating any of the provisions of this act, 
shall be convicted of again violating any of the provisions of this act, 
may, in addition to the punishment by way of a fine elsewhere provided 
for, be imprisoned not less than ten days nor more than thirty days. 
On complaint, before a mayor, justice of the peace, or police judge of 
a second violation of this act involving punishment by imprisonment, if 
a trial by jury be not waived, a jury shall be chosen and the case tried, 
after the manner provided in section 3718a, of the Revised Statutes of 
Ohio. (95 v. 622; 90 v. 290.) 

Sec. 4022-13. [Sufficient school accommodations to be provided.] 
It is hereby made the duty of every board of education in this state, to 
provide sufficient accommodations in the public schools for all children 
in their district compelled to attend the public schools under the pro- 
visions of this act. Authority to levy the tax and raise the money neces- 
sary for such purpose, is hereby given the proper officers charged with 
such duty under the law. (95 v. 622; 90 v. 291.) 

"Each board of education shall establish a sufficient number of schools to provide for 
the free education of the youth of school age within the district under its control"; see Sec. 
4007. 

Sec. 4022-14. [Costs in prosecution under this act.] No person 
or officer instituting proceedings under this act shall be required to 
advance, or give security for costs ; and if a defendant is acquitted or 



OHIO SCHOOL LAWS. 143 



Schools and Attendance Enforced. Ch. 9. 

discharged, or it convicted and committed to jail in default of pay- 
ment of fine and costs, the justice, mayor, police jud.^e or probate judge, 
before whom such case was brought shall certify such costs to the 
county auditor, who shall examine and, if necessary, correct the ac- 
count, and issue his warrant to the county treasurer in favor of the 
respective persons to whom such costs are due for the amount due to 
each. (95 v. 622; 90 v. 29T.) 

This compulsory law is one of the most important educational measures of the last twenty- 
five years. While the law as it now exists in its amended form is easy of interpretation, its 
success will depend largely upon the interest taken in it by school superintendents, teachers 
and boards of education. Teachers should never forget that the treatment of the pupil after he 
has been compelled to attend school is a powerful factor in successfully carrying out the true 
spirit of this law. 

For forms, see Appendix. 

AN ACT ESTABLISHING JUVENILE COURT. 

Sec. 1. This act shall apply only to children seventeen (17) 
years of age or under, not inmates of a state institution, or any in- 
stitution incorporated under the laws of the state for the care and 
correction of delinquent children. Pi ovided, however, that when 
any child under the age of seventeen (17) years shall, under the 
provisions of this act, come into the custody of the juvenile court, 
such child shall continue for all necessary purposes of discipline, 
a ward of such court, until, if such child be a boy, he shall attain 
the age of twenty-one (21) years, and if such child be a girl, until 
she has attained the age of eighteen (18) years, and the power 
of said court upon any such child so brought under its jurisdic- 
tion prior to its attaining the age of seventeen (17) years shall 
be a continuing power until said child attains the age herein- 
before specified. The words "delinquent child" shall include any 
child seventeen (17) years of age or under such age who violates 
any law of this state or any city or village ordinance; or who 
is incorrigible; or who knowingly associates with thieves, vicious 
or immoral persons: or who is growing up in idleness or crime; or 
who knowingly visits or enters a house of ill repute; or who know- 
ingly patronizes or visits any policy shop or place where . any 
gambling device is, or shall be, operated: or who patronizes 
or visits any saloon or dram shop where intoxicating liquors are 
sold, or who patronizes or visits any public pool room or bucket 
shop; or who wanders about the streets in the night time; or 
who wanders about any railroad yard or tracks, or jumps or 
hooks onto any moving train or vehicle; or enters any car or 
engine without lawful authority; or who uses vile, obscene, vul- 
gar, profane or indecent language, or is guilty of immoral conduct. 
Any child committing any of the acts herein mentioned shall be 
deemed a juvenile delinquent person, and shall be proceeded against 
as such in the manner hereinafter provided. A disposition of 
any child under this act, or any evidence given in such cause, shall 
not in any civil, criminal or other cause or proceeding what- 
ever in any court be lawful or proper evidence against such child 
for any purpose whatever, excepting in subsequent cases against 
the same child under this act. The word "child" or "children" 
may mean one or more children or the word "parent" or "par- 
ents" may mean one or both parents when consistent with the 
intent of this act. For the purpose of this act the words "depen- 
dent child" or "neglected child" shall mean any child under 
seventeen (17) years of age who is dependent upon the public for 
support, or who is destitute, homeless, or abandoned; or who has 
not proper parental care or guardianship; or who begs or receives 



144 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 



alms; or who is found living in any house of ill fame, or with 
any vicious or disreputable persons; or whose home by reason 
of neglect,, cruelty or depravity on the part of its parents, guar- 
dian or other person in whose care it may be, is an unfit place for 
such child; or whose environment is such as to warrant the state, 
in the interest of the child, in assuming its guardianship. Any 
child within the provisions of this act whose parents or guar- 
dians permits it to use or become addicted to the use of tobacco, 
spirituous or intoxicating liquors as a beverage and not for me- 
dicinal purposes, or whose parents or guardian rears, keeps, or . 
permits it, in or about any saloon, or place where spirituous or 
intoxicating liquors are sold, or any gambling house, or place 
where glambling is practiced or carried on, or any house of ill 
fame or ill repute, shall be deemed to be without proper parental 
care, or guardianship. 

Section 2. Jurisdiction — The courts of common pleas, pro- 
bate courts, and where established the insolvency and superior 
courts of those counties in this state, wherein three or more judges 
of the common ' pleas court regularly hold court concurrently, shall 
have original jurisdiction in all cases coming within the terms of 
•this act. In all trials under this bill any person interested there- 
in may demand a jury or the judge of his own motion may order 
a jury to try the case. 

Sec. 3. The judges of the common pleas court, in counties 
wherein three or more such judges regularly hold court concur- 
rently, together with the probate judge and the judges of the su- 
perior insolvency court, where such courts or either of them ex- 
ists, shall, at such times as they may determine, designate one of 
their number whose duty it shall be to hear and determine all 
cases coming under this act, in a tribunal having jurisdiction with- 
in said county, to be called the juvenile court. Provided that in 
all other counties the probate judge shall act as judge of the 
juvenile court. A special room, not to be used for the trial of 
criminal matters where avoidable, shall be provided for the hearing 
of such cases, and the orders, judgments and findings of such 
court shall be entered in a separate book or books, known as a 
"juvenile record," which shall be kept by the clerk of said com- 
mon pleas or other court whose judge may be so designated, who 
shall be clerk of such juvenile court. 

Section 4. Petition to the court — Any person being a resi- 
dent of this state having knowledge of a child in his county who 
appears to he either neglected, dependent or delinquent, may file 
with the clerk of a court having jurisdiction in the matter, a 
petition in writing, setting forth the facts verified by affidavit. It 
shall be sufficient that the affidavit is upon information and belief. 

Section 5. Summons — Upon the filing of the petition a sum- 
mons shall issue requiring the person having custody or control 
of the child, or with whom the child may be. to appear immediately 
with the child at a place stated in the summons. 

The parent or guardian, or if there be neither, then any 
relative of such child, and his residence is known, shall be notified 
of the proceedings, and in any case the judge may appoint some 
suitable person to act in behalf of the child. I.f the person sum- 
moned as herein provided, shall fail without reasonable cause to 
appear and abide the order of the court, or bring the child, he may 
be proceeded against as in case of contempt of court. 

In case the summons cannot be served or the party served 
fails to obey the same, and in any case when it shall be made to 
appear to the court that such summons will be ineffectual, a war- 
rant may issue on the order of the court, either against the parent 
or guardian, or the person having custody of the child, or with 
whom the child may be, or against the child itself. 

On the return of the summons or other process, or as soon 
thereafter as may be, the court shall proceed to hear and dispose 



OHIO SCHOOL LAWS. 14 ; 3 



Schools and Attendance Enforced. Ch. 9. 



of the ease in a summary manner. Pending the final disposition of 
any Case the child may lie retained in the possession of the 
person having the charge of the same, or may be kept in some 
suitable- place provided by the city or county authorities. 

Sec. 6. The juvenile courts of the several counties in this 
state shall have authority to appoint or designate one or more- 
discreet persons of good moral character to serve as probation 
officers during the pleasure of the court one of whom shall be 
a woman; said probation officers to receive no compensation from 
the county treasury except as herein provided. In case a proba- 
tion officer shall be appointed by thv court, it shall be the duty of 
the clerk of the court, if practicable, to notify the said proba- 
tion officer when any child is to be brought before the court; 
it shall be tlie duty of such probation officer to make investigation 
of such case; to be present in court to represent the interests 
of the child when the case is heard; to furnish to the court 
such information and assistance as the court or judge may re- 
quire and to take charge of any child before and after the trial, 
as may be directed by the court. The number of probation of- 
ficers named and designated by the juvenile court shall be as 
rollows: In counties having a population of over 130,000, not to 
exceed three probation officers, one probation officer to be known 
as the chief probation officer, who shall receive not more than 
$1,500 per annum payable monthly, and when in the discretion 
of the court it is found necessary, a first assistant, who shall 
receive $1,000 per annum payable monthly, to serve as probation 
officer during the pleasure of the court, and to be paid by the 
county treasurer out of any funds appropriated for the use of 
the judges of the common pleas, insolvency or probate courts, 
upon itemized vouchers sworn to by said officer or officers and cer- 
tified to by the judge of the juvenile court; provided that said 
judge, if in his opinion the circumstances demand it. may ap- 
point a third or fourth discreet person to serve as probation 
officer, who shall receive $1,000 each per annum, payable monthly, 
and still other fit and willing persons who shall serve without 
compensation from the court: and said probation officers shall be 
and are hereby vested with all the powers and authority of sheriffs 
to make arrests, serve the process of said court and perform all 
other duties incident to their office. 

Sec. 7. When any child under the age of seventeen (17) 
years shall be found to lie dependent or neglected, within the 
meaning of this act, the court may make an order committing 
the child to the care of some suitable state institution or to the 
care of some reputable citizen of good moral character, or to 
the care of some training school or an industrial school, as 
provided by law, or to the care of some association willing to 
receive it, embracing in its objects the purposes of caring or 
obtaining homes for dependent or neglected children, which as- 
sociation shall have been accredited as hereinafter provided. The 
court may, when the health or condition of the child shall re- 
quire it. cause the child to he placed in a public hospital or 
institution for treatment or special care, or in a private hos- 
pital or institution which will receive it, for like purposes with- 
out charge. 

Section S. Guardianship — In any case where the court shall 
award a child to the care of any association or individual in 
accordance with the provisions of this act, the child shall, un- 
less otherwise ordered, become a ward, and be subject to the 
guardianship of the association or individual to whose care it 
is committed. Such association or individual shall have authority 
to place such a child in a family home, with or without in- 
denture, and be made party to any proceedings for the legal adop- 
tion of the child, and may by its or his attorney or agent ap- 
pear in any court 'where such proceedings are pending, and as- 

10 O. S. L. 






146 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 



sent to such adoption. And such assent shall be sufficient to 
authorize the court to enter the proper order or decree of adop- 
tion. Such guardianship shall not include the guardianship of 
any estate of the child. 

Section 9. Disposition of Delinquent Children — In the case 
of a delinquent child the court may continue the hearing from 
time to" time, and may commit the child to the care or custody 
of a probation officer, and may allow said child to remain in 
its own home, subject to the visitation of the probation officer; 
and subject to be returned to the court for further or other 
proceedings whenever such action may appear to be necessary; 
or the court may cause the child to be placed in a suitable fam- 
ily home, subject to the friendly supervision of a probation officer, 
and the further order of the court, or it may authorize the 
child to be boarded out in some suitable family home, in case 
provision is made by voluntary contribution or otherwise for the 
payment of the board of such child, until a suitable provision may 
be made for the child in a home without such payment; or the 
eourt may commit such child, if a boy, to a training school for 
boys, or, if a girl, to an industrial school for girls, or the court 
may commit the child to any institution within the county, in- 
corporated under the laws of this state, that may care for de- 
linquent children, or be provided by a city or county suitable 
for the care of such children, or to the boys' industrial school 
at Lancaster, .or to any state institution which may be established 
for the care of delinquent boys, or if a girl over the age of nine 
(9) years, to the girls' industrial home at Delaware, or to any- 
state institution which may be established for the care of de- 
linquent girls. In no case shall a child be committed to such 
institution beyond the age of twenty-one (21). A child com- 
mitted to such institution shall be subject to the control of the 
"board of trustees thereof, and' the said board shall have power 
to parole such child on -such condition as it may prescribe; and 
on the recommendation of the board of trustees the superinten- 
dent shall have power to discharge such child from custody, or 
the court may commit the child to the care and custody of 
some association that will receive it, embracing in its objects -the 
care of neglected or dependent children, and that has been duly 
accredited as hereinafter provided. 

Sec. 10. When in any county where a court is held, as pro- 
vided in section three (3) of this act, a. child under the age of 
seventeen (17) years is arrested without warrant, such child, in- 
stead of being taken before a justice of the peace, or judge of 
a police- court, shall be taken directly before such juvenile court; 
or, if the child is taken before a justice of the peace, or judge 
of a police court, it shall be the duty of such justice of the peace 
or judge of a police court, to transfer the case to such juvenile 
court, and the officer having the child in charge shall take the child 
before that court, and in any case the court may proceed to hear and 
dispose of the case in the same manner as if the child had been 
brought before the court upon petition, as hereinafter provided. In 
any case the court shall require notice to be given and investigation to 
be made, as in other cases under this act, and may adjourn thfc 
hearing from time to time for the purpose. 

Section 11. Children Under Twelve Years not to be Com- 
mitted to Jail — No court or magistrate shall commit a child 
under twelve (12) years of age to a jail or police station, but 
if such child is unable to give bail it may be committed to 
the care of the sheriff, police officer or probation officer, who 
shall keep such child in some suitable . place provided by the 
city or county outside of the enclosure of any jail or police 
station. 

When any child shall be sentenced by a juvenile court to 
confinement in any institution to which adult convicts are sen- 



OHIO SCHOOL LAWS. 147 



Schools and Attendance Enforced. Ch. 9. 



tenced, it shall be unlawful to confine such child in the same 
building with such adult convicts, or to confine such child in 
the same yard or enclosure with such adult convicts, or to bring 
such child into any yard or building in which adult convicts 
may be present. 

Section 12. Agents of Juvenile Reformatories — It shall be 
the duty of the superintendent of the boys' industrial school at 
Lancaster, and of the girls' industrial home at Delaware, and 
the board of managers of any other institution to which juvenile 
delinquents may be committed by the courts, to maintain an agent 
of such institution, whose duty it shall be to examine the home 
of children paroled from such institution for the purpose of 
ascertaining and reporting to said court whether they are suit- 
able homes; to assist children paroled or discharged from such 
institution in finding suitable employment, and to maintain a 
friendly supervision over paroled inmates during the continuance 
of their parole; such agents shall hold office subject to the plea- 
sure of the board making the appointment and shall receive such 
compensation as such board may determine out of any funds ap- 
propriated for such institution applicable thereto. 

Section 13. Supervision by Board of State Charities — All 
associations receiving children under this act shall be subject to 
the same visitation, inspection and supervision by the board of 
state charities as are the public charitable institutions of this 
state, and it shall be the duty of the said board to pass an- 
nually upon the fitness of every such association as may re- 
ceive, or desire to receive, children under the supervision of this 
act, and every such association shall annually, at such time as 
said board shall direct, make report thereto, showing its condi- 
tion, management and competency adequately to care for such chil- 
dren as are, or may be committed to it, and such other facts as 
said board may require, and when said board is satisfied that 
such association is competent and has adequate facilities to care 
for such children, it shall issue to the association a certificate to 
that effect, which certificate shall continue in force for one (1) 
year, unless sooner revoked by said board, and no child shall be 
committed to any association which shall not have received such 
a certificate within fifteen (15) months next preceding the com- 
mitment. The court may, at any time, require from any asso- 
ciation, receiving or desiring to receive children under the pro- 
vision in this act, such reports, information and statements as 
the judge shall deem proper and necessary for his action, and 
the court shall in no case be required to commit a child to any 
association whose standing, conduct or care of children, or ability 
to care for the same, is not satisfactory to the court. 

Section 14. Incorporation of Associations — Xo association 
whose objects may embrace the caring for dependent, neglected 
or delinquent children shall hereafter be incorporated unless the 
proposed articles of incorporation shall first have been submitted 
to the examination of the board of state charities, and the sec- 
retary of state shall not i^sue a certificate of incorporation un- 
less there shall first be filed in his office the certificate of the 
secretary of the board of state charities that he has examined the 
said articles of incorporation, and that, in his judgment, the in- 
corporators are reputable and respectable persons, that the pro- 
posed work is needed and the incorporation of such association 
is desirable and for the public good; amendments proposed to 
the articles of incorporation or association having as an object 
the care and disposal of dependent, neglected or delinquent chil- 
dren shall be submitted in like manner to the board of state 
charities, and the secretary of state shall not record such amend- 
ment or issue his certificate therefor unless there shall first be 
filed in his office the certificate of the secretary of the board 
of state charities that he has examined the said amendment, that 



148 OHIO SCHOOL LAWS. 



Ch. ( J. Scbools and Attendance Enforced. 



the association in question is, in His judgment, performing in good 
faith the work undertaken by it, and that the said amendment is, 
in his judgment, a proper one, and for the public good. 

Section lo. Surrender of Dependent Children — Adoption -- 
It shall be lawful for the parents, parent, guardian or other per- 
son or persons having the right to dispose of- a dependent or 
neglected child to enter into an agreement with any association 
or institution incorporated under any law of this state which 
shall have been approved as herein provided for the purpose of 
aiding, caring for or placing in homes such children or for the 
surrender of such child to such association or institution, to be 
taken and cared for by such association or institution, or put into 
a family home. 

Such agreement may contain any and all proper stipulations 
to that end, and may authorize the association or institution, by 
its attorney, or agent, to appear in any proceeding for the legal 
adoption of such child, and consent to its adoption, and the or- 
der of the court made upon such consent shall be binding upon 
the child and its parents, guardian or other person, the same as 
if such person were personally in court and consented thereto, 
whether made party to the proceeding or not. 

Section 16. Foreign Corporations — No association, . which is 
incorporated under the laws of any other state than the state of 
Ohio, shall place any child in any family home within the boun- 
daries of the state of Ohio, either with or without indenture or for 
adoption, unless the said association shall have furnished the 
state board of charities with such guaranty as it may require that 
no child shall be brought into the state of Ohio by such society, 
or its agents, having any contagious or incurable disease, or hav- 
ing any deformity, or being of feeble mind, or of vicious char- 
acter, and that said association will promptly receive and remove 
from the state any child brought into the state of Ohio by its 
agents, which shall become a public charge within the period 
of five (5) years, after being brought into this ctate. Any per- 
son who shall receive to be placed in a home, or shall place in 
a home, any child in behalf of any association incorporated in 
any other state than the state of Ohio, which shall not have • 
complied with the requirements of this act, shall be imprisoned 
in the county jail not more than thirty days, or fined not less 
than five dollars or more than one hundred dollars ($100.00) or both, 
in the discretion of the court. 

Section 17. Religious Preference — The court in committing 
children shall place them, so far as practicable, in the care and 
custody of some individual holding the same religious belief as 
the parents of said child, or with some association which is con- 
trolled by persons of like religious faith to the parents of the said 
child. 

Section IS. Industrial and Training Schools not Affected — 
Nothing in this act shall be construed to repeal any portion of 
the acts relating to the boys' industrial school at Lancaster or 
the girls' industrial home at Delaware. 

Section 19. Construction of the Act — This act shall be lib- 
erally construed to the end that its purpose may be carried out 
to-wit: That the care, custody and discipline of a child shall 
approximate as nearly as may be, that which should be given 
by its parents, and in all cases where it can properly be done, the 
child be placed in an approved family home, and become a mem- 
ber of the family by legal adoption, or otherwise. 

Section 21. In any case in which the court shall find a child 
neglected, dependent or delinquent, it may, in the same or sub- 
sequent proceeding upon the parents of said child, or either of 
them, being duly summoned or voluntarily appearing, proceed to 
inquire into the ability of such parent or parents, to support the 
child or to contribute to its support, and if the court shall find 



OHIO SCHOOL LAWS. 149 



Schools and Attendance Enforced. Ch. 9. 



such parent, or parents, able to support the child, or contribute 
thereto, the court may enter such order or decree, relating to 
such report [support] as the equity of the case demands, and if 
the decree of the court be that any such parent discipline and 
and control a delinquent child, ihen the court may enforce such 
order by line imposed on am such parent, not to exceed, for the 
first offense, twenty-five dollars ($25.00) and for each subsequent 
offense one hundred dollars ($100.00). 

Section 22. Nothing herein shall be taken or held to repeal 
or affect the provisions of an act entitled "An act to establish 
a juvenile court in certain counties, and to regulate the control 
of delinquent and neglected children," passed April 18, J!102 (95 
O. L., 785). 

Sec. 23. In all cases where any child shall be a delinquent, 
dependent, or a neglected child, as defined by the statutes of 
this state, the parent or parents, or other person or persons re- 
sponsible for the abandonment or by an act causing, encouraging 
or contributing to such delinquency, dependency or neglect, shall 
be guilty of a misdemeanor and upon trial and conviction there- 
of, shall be fined in a sum not to exceed $1,000, or imprison- 
ment in the county jail or workhouse for a period not to exceed 
one year or by both such fine and imprisonment. 

Sec. 24. The court may suspend any sentence imposed, or 
release any person, sentenced under this act from custody upon 
condition that such person shall furnish a good and sufficient bond 
or undertaking to the people of the state of Ohio, in such penal 
sum, not exceeding one thousand dollars, as the court shall de- 
termine, conditioned for the payment of such amount as the court 
may order, not exceeding ten (10) dollars per month for each 
child, for the support, care and maintenance of such child while 
under the guardianship or in the custody of any individual or 
any public, private or state home, institution, association or or- 
phanage to which the child may have been committed or entrusted 
under the provisions of the laws of this state concerning depen- 
dent and neglected children. 

Sec. 25. The court may also suspend any sentence imposed 
under this act, and may permit any delinquent or dependent child 
to remain in the custody of any such person found guilty, upon 
conditions to be prescribed or imposed by the court as seem 
best calculated to remove the cause of such delinquency, depen- 
dency or neglect, and while such conditions are accepted and 
complied with by any such person such sentence may remain sus- 
pended, and such persons shall be considered on probation in said 
court; in case a bond is given as provided herein, the conditions 
prescribed by the court may be made a part of the terms and 
conditions of such bond. 

Sec. 2<>. Upon the failure of any such person to comply with 
the terms and conditions of such bond, or of the conditions im- 
posed by the court, such bond or the term of probation may be 
declared forfeited and terminated by the court, and the orig- 
inal sentence executed as though it had never been suspended, 
and the term of any jail Or workhouse sentence imposed in any 
such case shall commence from the date of incarceration of any 
such person after the forfeiture of such bond or term of pro- 
bation. There shall be deducted from any such period of incar- 
ceration any part of such sentence which may have already been 
served. 

Sec. 27. A separate suit to recover the penalty of any such 
bond so forfeited or for the collection of any fine imposed by 
said court may be brought as in civil cases, which suit shall be 
brought by the prosecuting attorney of the county. Any moneys 
so recovered or paid and any money paid as fines imposed as 
hereinbefore provided, shall be turned over to the chief pro- 
bation officer of the juvenile court, to be applied to the care 
and maintenance of the child or children for whose delinquency or 



150 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

dependency such conviction was had, in such manner and upon 
such terms as the court may direct; provided, if it shall not 
be necessary in the opinion of the court to use such fund or 
any part thereof for the support and maintenance of such child, 
the same shall be paid into the county treasury, and become a 
part of the funds of such county; when any parent, guardian 
or other person found guilty under this act of abandoning or caus- 
ing, encouraging, or contributing to or responsible for the de- 
linquency or dependency or the neglect of any child under the 
age of seventeen (17) years, as defined by this act, is sentenced 
by the court to the county jail or workhouse, his or her earnings 
over and above the actual cost of his maintenance, in such work- 
house or county jail, shall be turned over to the chief probation 
officer, to be by him used for the benefit of the person, persons 
or institution having the care, custody and maintenance of said 
child; provided that any amount so earned shall be credited 
upon the fine of the person thus found guilty. 

Sec. 28. When any information or complaint shall be filed 
against any delinquent child under the provisions of this act, 
charging such delinquent child with the crime of manslaughter 
or murder in the first or second degree, the juvenile judge may 
order such delinquent child to enter into a recognizance, with good 
and sufficient surety, in such amount as he may deem reason- 
able, for his appearance before the court of common pleas at the 
next term of said court; and the same proceedings shall be had 
thereafter upon such complaint as are now authorized by law for 
the indictment, trial, judgment and sentence of any other person 
charged with a felony. , 

Sec. 29. This act shall be liberally construed, to the end that 
its purpose may be carried out, to-wit: That proper guardianship 
may be provided for in order that the child may be educated and 
cared for, as far as practicable in such manner as best subserves' 
its moral and physical welfare, and as far as practicable in proper 
cases that the parent, parents or guardian of such child may be 
compelled to perform their moral and legal duty in the interest 
of the child. And all fees and the costs in all cases coming within 
the provisions of this act, together with such sums as shall be 
necessary for the incidental expenses of such court and its of- 
ficers, and together with the cost of transportation of children 
to places to which they may be committed, shall be paid out of 
the county treasury of the county upon itemized vouchers and cer- 
tified to by the judge of the juvenile .court. 

Sec. 30. Any court established under the provisions of an 
act entitled, "An act to establish a juvenile court in certain coun- 
ties and to regulate the control of delinquent and neglected chil- 
dren," passed April 18, 1902 (95 O. L. , T85) and amended April 
22, 1904 (97 O. L., 021) may exercise all the additional powers 
herein provided. 

Sec. 4023. Repealed April 15, 1889. 

Sec. 4024. Repealed April 15, 1889. 

Sec. 4025. Repealed May 12, 1902. 

Sec. 4026. [Free school books.] That each board of education 
may furnish the necessary school books free of charge, to enahle the 
parent or guardian, "without expense therefor, to comply with the re- 
quirements of this chapter, the same to be paid for out of the contin- 
gent fund at the disposal of the board ; and such levy each year, in ad- 
dition if necessary to that otherwise authorized bv law 7 , is hereby 341- 



OHIO SCHOOL LAWS. 161 



Schools and Attendance Enforced. Ch. 9. 

thorized, as shall be necessary to furnish such school books free of 
charge to all the pupils attending the public schools ; but such pupils 
as are already wholly or in part supplied with necessary school books 
shall be supplied free of charge only as other or new books are needed ; 
and all school books furnished as herein provided, shall be considered 
and be the property of the district and loaned to the pupils on such 
terms and conditions as such board -may prescribe. (91 v. 260; 87 v. 
317; 74 v. 57, § 4.) 

Boards of education which furnish free text-books to pupils in the schools under their 
control may pay the exchange price when making an exchange of text-books; but it is un- 
lawful to do so when the board has not previously adopted the free text-book plan as provided, 
for by law. 

Sec. 4027. Repealed May 12, 1902. 

Sec. 4028. Repealed April 15, 1889. 

Sec. 4029. Repealed May 12, 1902. 

Sec. 4029-1. [Examination for entering high school.] Each 
board of county school examiners shall hold examinations of pupils of 
township, special and joint sub-districts in the subjects of orthography, 
reading, writing, arithmetic, English grammar and composition, geog- 
raphy, history of the United States including civil government, and phy- 
siology. 

[Number of examinations; when and where.] Two such exam- 
inations shall be held annually, one on the third Saturday in April, and 
one on the second Saturday in May, at such place or places as the 
county board of examiners may designate. 

[Preparation of questions.] The questions for all such examin- 
ations, throughout the state, shall be uniform and be prepared under 
the direction of the state commissioner of common schools, and sample 
lists shall be mailed, under seal, to the clerks of the said boards of 
examiners not less than ten days before each examination. Upon re- 
ceipt of said lists, the said hoards are authorized and required to have 
a sufficient number of copies of the same printed for use at the exami- 
nation. Only such applicants as receive an average grade of seventy 
per cent., with no grade less than fifty per cent, in any branch shall 
be passed. 

[Township commencement.] It shall be the duty of the town- 
ship boards of education upon written notice, filed by a successful ap- 
plicant, with the clerk of the board of education, to provide for holding 
a township commencement not later than the month of June, at some 
place within the civil township, and to appoint some suitable person 
to have charge of the same. At -this commencement each successful 
applicant residing in the township school district or any special or 
joint sub-district having its schoolhouse located within the civil town- 



152 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

ship of which the township district forms a part, shall be required to 
deliver an oration or declamation, or read an essay; thereupon said 
board of education shall issue a certificate to each successful applicant, 
stating that said applicant has taken part in said commencement. 

[County commencement; diploma.] The board of county school 
examiners shall provide for the holding of a county commencement 
not later than August fifteenth, at such place as it may determine. At 
this commencement there shall be delivered an annual address, at the 
conclusion of which a diploma shall be presented to each successful 
applicant who has complied with the provisions of this act; said di- 
ploma shall entitle the holder thereof to enter any high school in the 
state. (89 v. 123, §§ 1, 2; 91 v. 67; 92 v. 198; 94 v. .1.75, § 4029-1 ; 
95 v. 71 ; 95 v. 218.) 

The parent should not be required to pay the tuition and then collect it from their board 
of education; it should be paid by one board to the other. 

Sec. 4029-2. [Compensation of examiners and contingent ex- 
penses.] The compensation of county examiners shall be the same 
as that fixed in section 4075 of the Revised Statutes of Ohio for the 
examination of teachers, and each member of the said board of ex- 
aminers shall be allowed the minimum fee provided for holding ex- 
aminations for teachers as remuneration for his services incident to 
the county commencement, and such compensation and the necessary 
expenses incident to the examination and county commencement 
shall be paid out of the county treasury as provided in said section 
4075 ; no other compensation shall be allowed county examiners for 
holding the county commencement. The expenses incident to the town- 
ship commencement shall be paid by the township board of education 
from the contingent fund of the township district, and when the pu- 
pils of special districts take part in such commencements the boards 
of education of such districts shall pay, from their contingent funds, 
to the township board of education their share of such expenses, such 
share to be based on the proportion of pupils, from each district, tak- 
ing part in such commencements ; a proportional share for pupils from 
joint sub-districts, taking part in such commencements, shall be paid 
from the contingent fund of said joint sub-districts. (89 v. 123, § 4; 
mi v. 67; 92 v. 198; 95 v. 72, § 4029-2; 95 v. 218.) 

Sec. 4029-3. [Tuition.] The tuition of pupils holding diplomas 
and residing in township, special, or joint sub-districts, in which no 
high school is maintained, shall be paid by the board of education of 
the school district in which they have legal school residence, such tuition to 
be computed by the month and an attendance any part of the month 
shall create a liability for the entire month ; but a board of education 



OHIO SCHOOL LAWS. 153 



Schools and Attendance Enforced. Ch. 9. 



maintaining a high school shall charge no mure tuition than it charges 
for other nonresident pupils, and no board of education shall be required 
to pay the tuition of any pupil for more than four school years ; pro- 
vided the board of education shall be required to pay the tuition of 
all successful applicants, who have complied with the provisions of 
this act, residing more than three miles, from the high school pro- 
vided by said board, when said applicants attend a nearer high school. 
The tuition of pupils residing in joint sub-districts shall be paid 
by the boards of education, having control of such districts, from the 
contingent funds of said districts. A board of education not main- 
taining a high school may enter into an agreement with one or more 
boards of education maintaining such school for the schooling of all 
its high school pupils and when such agreement is entered into the 
board making the same shall be exempt from the payment of tuition 
at other high schools ; provided the school or schools selected are lo- 
cated in the same civil township, or some adjoining township, as that 
of the board making the agreement. Where no such agreement is 
entered into the school to be attended can be selected by the pupil 
holding a diploma; provided, due notice in writing, is given to the 
clerk of the board of education of the name of the school to be at- 
tended and the date the attendance is to begin, said notice to be filed 
not less than five days previous to said beginning of attendance. Said 
tuition can be paid from either the tuition or contingent funds and 
in case the board of education deems it necessarv it may levy a tax of not 
to exceed two mills on each dollar of taxable property in the district 
or joint sub-district in excess of that allowed by section 3959 of the 
Revised Statutes of Ohio; the proceeds of said levy shall be kept in a 
separate fund and applied only to the payment of such tuition. (89 
v. 123, § 3; 95 v. 72\ § 4029-3; 95 v. 218.) 

Sec. 4029-4. [What shall constitute a high school.] No board 
of education shall be entitled to collect tuition under this act unless said 
board shall be maintaining a regularly organized high school with a 
course of study extending over not less than two years and consisting 
mainly of branches higher than those in which the pupil is examined. 
Should the question arise as to the standing or grade of anv particular 
high school, the state commissioner of common schools is hereby author- 
ized to determine the grade of such school and his finding in the case 
shall be final. (95 v. 73, §4029-4; 95 v. 218.) 



154 



OHIO SCIISOL LAWS. 



Ch. 10. 



Enumeration, Treasurer and Clerk. 



CHAPTER X. 



ENUMERATION, TREASURER AND CLERK. 



Section. 



4030. 
4031. 



4033. 
4034. 
4035. 

4036. 
4037. 

4038. 



4040. 

4041. 
4042. 
4043. 

4044. 



Yearly enumeration of school youth. 

Appointment of enumerators ; oath and 
duties. 

Enumeration in districts in two or 
more counties. 

Repealed. 

Repealed. 

Clerk to transmit abstract of enumer- 
ation to county auditor. 

When clerk fails, auditor to act. 

When county line divides original sur- 
veyed township. 

When enumeration not taken, district 
not entitled to school funds. 

Auditor to furnish abstract to state 
commissioner. 

Duty of state commissioner when enu- 
meration excessive. 

Penalty for making fraudulent returns. 

Treasurer of school funds. 

Bond of treasurer; additional sure- 
ties or new bond. 

Annual settlement by treasurer with 
county auditor. 



Section. 

4045. Penalty for failure to make such set- 
tlement. 
40 Hi. Repealed. 

4047. When treasurer may receive or pay 

money. 
4047a. Repealed. 

4048. Maximum amount of funds which 

treasurer may hold. 

4049. Treasurer to deliver money, etc., to 

successor. 

4050. Bond of clerk. 

4051. When orders of clerk for teachers' pay 

illegal. 

4052. Annual statistical report of board of 

education ; by whom prepared. 

4053. Publication of receipts and disburse- 

ments by clerk. 

4054. Clerk to deliver books, etc., to suc- 

cessor. 

4055. How treasurer and clerk to keep ac- 

counts. 
4('5<i. Compensation of treasurer and clerk. 



ENUMERATION. 

Sec. 4030. [Yearly enumeration of school youth.] There shall be 
taken in each district, annually, during the two weeks ending on the 
fourth Saturday of May, an enumeration of all unmarried youth, noting 
sex, between six and twenty-one years of age, resident within the dis- 
trict, and not temporarily there, designating also the number between 
six and eight years of age, the number between eight and fourteen years 
of age, the number between fourteen and sixteen years of age, the num- 
ber between sixteen and twenty-one years of age, and the number resid- 
ing in the Western Reserve, the Virginia Military district, the United 
States Military district, and in any original surveyed township or frac- 
tional township to which belongs section sixteen, or other land in lieu 
thereof, or any other lands for the use of public schools, or any interest 
in the proceeds of such lands. (93 v. 312; 87 v. 80; 85 v. 192; Rev, 
Stat. 1880; 71 v. 15, § 77.) 



Enumeration in children's homes; see Sec. f):;0t, R. S. 

At the annual enumeration of school youth as required by the provisions of Sec. 4030,' 
the ages of such youth at the taking of enumeration should be returned and not as of Sep- 
tember 1st following. Atty. Genl. 

The youth enumerated must be actual residents of the district, living with parents or 
guardians or working to support themselves by their own labor; see Sec. 4013 and notes under 
same. 

Sec. 4031. [Appointment of enumerators; oath and duties.] 

The board of education of each school district, shall, on or before the 



OHIO SCHOOL LAWS. 



165- 



Enumeration, Treasurer and Clerk. Ch. 10. 



second Saturday in May, appoint one or more persons to take the enumer- 
ation provided for in section forty hundred and thirty of the Revised 
Statutes of Ohio. Each person appointed to take such enumeration shall 
take an oath or affirmation to take the same accurately and truly to the 
best of his skill and ability. When making return thereof to the clerk 
of the board of education, he shall accompany the same with a list of the 
names of all the youth enumerated, noting the age of each, and with his 
affidavit duly certified that he has taken and returned the enumeration 
accurately and truly to the best of his knowledge and belief, and that 
such list contains the names of all such youth so enumerated and none 
others. The clerk of the board of education or any officer authorized 
to administer oaths, may administer such oath or affirmation, take and 
certify such affidavit, and the clerk shall keep in his office for the period 
of five years such report and the list of names, and each person so taking 
and returning the enumeration shall be allowed by the proper board of 
education reasonable compensation for his services. (97 v. 365; 1883,. 
April 19; 80 v. 192; Rev. Stat. 1880; 71 v. 15, § 77.) 

Sec. 4032. [Enumeration in districts in two or more counties.} 
When a school district including territory attached for school purposes, 
is situated in two or more counties, it shall be the duty of the person or 
persons taking such enumeration to report the number of youth as pro- 
vided in section forty hundred and thirty of the Revised Statutes of Ohio, 
residing in each county and the clerk of the board shall make returns to- 
the auditors of the respective counties in which such youth reside as pro- 
vided in section forty hundred and thirty-five of the Revised Statutes of 
Ohio. (97 v. 366; 89 v. 97; 70 v. 195, § 78.) 

Sec. 4033. Repealed 90 v. 76. 

Sec. 4034. Repealed 97 v. 379. 

Sec. 4035. [Clerk to transmit abstract of enumeration to county- 
auditor.] The clerk of each board shall, annually, on or before the 
first Saturday in July make, and transmit to the county auditor, an ab- 
stract of the enumeration by this chapter required to be returned by him,, 
according to the form prescribed by the commissioner of common schools, 
with an oath or affirmation endorsed thereon that it is a correct abstract 
of the returns made to him under oath or affirmation ; and the oath or 
affirmation of the clerk may be administered and certified by any mem- 
ber of the board of education, or by the county auditor. (97 v. 366; 
1888. April 11 : 85 v. 192, 193; Rev. Stat. 1880; 70 v. 195, § 79.) 

Sec. 4036. [When the clerk fails, auditor to act.] If the clerk of 
any district fail to transmit such abstract of enumeration on or before 
the first Saturday in July, the auditor shall at once demand the same from 
such clerk ; and in case the enumeration has not been taken as required 



lOt) OHIO SCHOOL LAW'S. 



Ch. 10. Enumeration, Treasurer and Clerk. 

by this chapter,, or the abstract required be not furnished without delay, 
the auditor shall employ competent persons to take such enumeration, who 
shall be subject to the legal requirements already specified, except that 
the return shall be made directly to the auditor, who may administer to 
each person employed the oath or affirmation required ; and the auditor 
shall allow the person employed by him, a reasonable compensation, to be 
paid out of the general county fund, and shall proceed to recover the 
amount so paid in civil action before any court having competent juris- 
diction, in the name of the state, against such clerk on his bond, and 
the amount so collected shall be paid into the school funds of the district. 
(9/ v. 366; 1888, April 11 ; 85 v. 192, 193; Rev. Stat. 1880; 70 v. 195, 
§ 80.) " 

The returns should now be made on or before the first Saturday in June, as the time 
of taking the enumeration was changed from July to May without changing the time fixed for' 
making returns. 

Sec. 4037. [When county line divides original surveyed town- 
ship.] If parts of an original surveyed township or fractional town- 
ship are situate in two counties, the auditor of the county in which the 
smallest part is situate shall, so soon as the abstracts of enumeration are 
received by him from the clerks of the boards of education, certify to the 
auditor of the county in which the largest part is situate the enumeration 
of youth residing in the part of the township situate in his county : if 
parts of such township or fractional township are situate in more than 
two counties, like certificates of enumeration shall be transmitted to the 
auditor of the county containing the greatest relative portion of such 
township, by the auditors of the other counties containing portions 
thereof ; when it is uncertain which county contains the greatest relative 
portion of such township, such certificates shall be transmitted to the 
auditor of the oldest county, by the other auditor or auditors ; and if 
the land granted by congress to such township or fractional township for 
the support of public schools has been sold, the auditor to whom such 
certificates are transmitted shall notify the auditor of state, without 
delay, that such enumeration has been certified to him. (70 v. 195, 
§§ 121, 130.) 

This section has nothing whatever to do with the enumeration returned by county auditors 
to the state commissioner of common schools. 

Sec. 4038. [When enumeration not taken, district not entitled to 
school funds.] If an enumeration of the youth of a district be not 
taken and returned in any year, such district shall not be entitled to re- 
ceive any portion of the school funds distributable in that vear on the 
basis of enumeration ; and if such loss to a district occur through the 
failure of the clerk of the board of education of a district to perform the 
duty required of him under section forty hundred and thirtv-ii.ve of the 



OHIO SCHOOL (.AW S. 157 



Enumeration. Treasurer and Clerk. Ch. 10. 



Revised Statutes of Ohio, he shall be liable to the district for the ioss, 
which may be recovered in an action in the name of the state ; and the 
money so recovered shall he paid into the county treasury, and apportioned 
in the same manner as the school funds so lost would have been appor- 
tioned. (97 v. 366; 70 v. 195, §§ 120, 124. ) 

Sec. 4039. [Auditor to furnish abstract to state commissioner.] 
The auditor of each county shall make and transmit to the state commis- 
sioner of common schools, on or before the third Saturday in July in 
each vear, on blanks to be furnished by the commissioner, an abstract of 
the enumeration returns made to him, duly certified. (07 v. 366; 1888, 
April 11; 85 v. 192, 193; Rev. Stat. 1880; 70 v. 195, § 81.) 

Sec. 4040. [Duty of state commissioner when enumeration exces- 
sive, etc.] When the state commissioner of common schools on exam- 
ination of the enumeration returns of any district, is of opinion that the 
enumeration is excessive in number, or in any other way incorrect, he 
may require the same to be retaken and returned, and if lie think it neces- 
sary he maw for this purpose appoint persons to perform the service, who 
shall take the same oath, perform the same duties, and receive the same 
compensation, out of the same funds, as the person or persons who took 
the enumeration in the first instance, and the school fund distributable 
in proportion to enumeration shall be distributed upon the corrected re- 
turns. (70 v. 195, § 75.) 

Sec. 4041. [Penalty for making fraudulent returns.] An officer- 
through whose hands the enumeration required by this chapter to be 
returned passes, who, by percentage or otherwise, adds to or takes from 
the number actually enumerated, shall be deemed guilty of a misde- 
meanor, and, upon conviction of such offense, shall be fined in any sum 
not less than five nor more than one thousand dollars, or imprisoned in 
the county jail not less than ten nor more than thirty days, at the dis- 
cretion of the court. (70 v. 175, § 75.) 

TREASURER AND CLERK. 

Sec. 4042. [Treasurer of school funds.] Tn each city, village and 
township school district, the treasurer of the city, village and township 
funds, shall be respectively the treasurer of the school funds ; in each 
special district the board of education shall choose its own treasurer, 
whose term of office shall be for one year beginning on the first day oi 
September. (97 v. 367; 1888, April 11; 85 v. 192, 193: Rev. Stat 
1880; 70 v. 24. § 44.) 

The relations between the board of education and the treasurer are such that one person- 
can not be a member of the board and at the same time act as its treasurer. In passing upon 
the sufficiency of the treasurer's bond, if he he a member of the board, his own vote may- 
determine the action of the board in reference tn said bond. 



158 OHIO SCHOOL LAWS. 



<Ch. 10. Enumeration, Treasurer and Clerk. 

Sec. 21. The state, any county, township, municipal corpor- 
ation, or school board, shall not be precluded by the illegal loan 
or deposit by any officer or agent of public money, funds, prop- 
erty, bonds, securities, or assets, belonging to it, from suing for 
and recovering the same; and such suit shall not be held to be an 
adoption or satisfaction of such illegal transaction. 

Embezzlement of school funds, penalty; see sections GS41, 6846, R. S. 

What is prima facie evidence of embezzlement by public officers; see Sec. 7299, R. S. 

Township trustees have no authority to release a treasurer from his liability for any por- 
tion of the school fund belonging to the township. 13 O., 495. 

Sec. 4043. [Bond of treasurer; additional sureties or new bond.] 
Each school district treasurer shall, before entering upon the duties of his 
office, execute a bond, with sufficient sureties, in an amount at least equal 
to the amount of school funds that may come into his hands, payable to 
the state of Ohio, to be approved by the board of education, conditioned 
for the faithful disbursement, according- to law, of all funds which come 
into his hands; and he may at any time thereafter be required to give 
additional sureties on his accepted bond, or to execute a new bond with 
sufficient sureties to the approval of the board of education whenever 
the said board of education deem it necessary, arfd if said treasurer shall 
fail for ten days after service of notice in writing of such requisition, to 
give bond or additional sureties as aforesaid as required by said board, 
the office shall be considered and declared vacant and shall be filed [filled] 
as in other cases. Every bond when so executed and approved shall be 
filed with the clerk of the board of education of the district, and recorded, 
who shall cause a certified copy thereof or the names of additional sureties, 
to be filed with the county auditor without delay, and such board at the time 
of the approval of any bond or sureties, shall require the treasurer of the 
school funds to produce all money, bonds or other securities in his hands 
as such treasurer, and the same shall be then counted by the board or a 
committee thereof, in the presence of the clerk of the board, who shall 
thereupon enter upon the records of the board, a certificate, setting forth 
the exact amount of money or securities so found in the hands of such 
treasurer, which record shall be signed by the president and clerk of the 
board and shall be prima facie evidence that the amount therein stated 
was actually in the treasury at that date. (97 v. 367 ; 92 v. 210 ; 70 v. 195, 
§§ 46, 82 ; 76 v. 16, § 1.) 

Release of surety of treasurer of school fund; see Sec. 5S41, R. S. 

Upon release of surety new bond to be required by board of education; see Sec. 5842, R. S. 

In an action against a surety on a township treasurer's school bond, conditioned for 
the faithful disbursement of school moneys, a judgment for defendant will not be reversed, 
■when the pleadings and evidence show a default by the treasurer only as to "township funds" 
in general items, without specifying that any part thereof was school money. 16 O. S., 17. 

See 13 O., 495, under Sec. 4042. 

A treasurer who is his own successor must give a new bond for the term to which he is 
re-elected. His former bondsmen will not be liable for defaults committed within the term for 
which he is re-elected. Their liability ceased with the expiration of his former term of 
office. 7 O., 2d pt, 221. 

In case the treasurer of a city district fails to give bond, his office may be declared 
vacant by the city council. See section 1740, R. S. Should a treasurer present his bond after 



OHIO SCHOOL LAWS. 159 



Enumeration, Treasurer and Clerk. Ch. 10. 



the time prescribed for tendering it, and should such bond be accepted, it would undoubtedly be 
held good. 25 O. S., 507. 

Bonds must be accepted within a reasonable time. 31 O. S., 451. 

A permit by a board of education to its treasurer to use public moneys in his business 
on interest and with security for its return is an illegal contract, and the sureties may set up 
the illegality. The board cannot enforce a promise whose consideration is the illegal loan. 
3:i 0. S., 321. 

\ school district treasurer's bond to disburse all such funds as come to his hands, in- 
ciu; Iv afts and certificates of deposit taken by him as cash, which would have been paid 

on preservation. 39 0. S., 635. 

Sec. 4044. [Annual settlement by treasurer with county auditor.] 
The treasurer shall, annually, within the first ten clays of September, 
settle with the county auditor for the preceding school year, and for that 
purpose shall make a certified statement showing the amount of money 
received, from whom, and on what account, and the amount paid out, and 
for what purpose ; he shall produce vouchers for all payments made ; if 
the auditor, on examination, find the stateme" 1 " and vouchers to be correct, 
he shall give the treasurer a certificate o' the fact, which shall, prima 
facie, be a discharge of the treasurer for the money paid ; and for mak- 
ing such settlement he shall be entitled to receive the sum of one dollar, 
and also five cents per mile for traveling to and from the county seat, 
to be paid out of the county treasury, on the order of the county auditor. 
When the treasurer's term begins on the first day of September the an- 
nual settlement shall be made by the outgoing treasurer. (92 v. 58; 85 v. 
192, 194; Rev. Stat. 1880; 71 v. 9, § 47.) 

If it is evident to the county auditor that the school moneys have been illegally paid 
out, as they would be if paid to any member of a board of education on any contract with 
such board, or as an employee thereof, it is his duty to refuse the treasurer credit for the 
same. If moneys have been paid from. the wrong fund, as from the school fund, when the 
law says it must be township fund, the auditor must not allow credit to such orders. He 
should insist on their correction by the board, or correct them himself by proper debit and 
credit. No voucher should be received by the auditor which he has reason to believe a court 
of law would reject. No paper is a voucher for the payment of money to A, which has not 
A's receipt on it, or accompanying it. An order properly made out, but merely marked "paid" 
by the treasurer, is not a receipt. See section " 4047. 

Sec. 4045. [Penalty for failure to make such settlement.] If the 

treasurer of any school district willfully or negligently fail to make 
such annual settlement within the time prescribed in the preceding 
section, he shall be liable to pay a fine of fifty dollars, to be recovered 
in a civil action in the name of the state ; which amount, when collected, 
shall be paid into the county treasury, and shall be applied to the use 
of the common schools in his district ; and the county auditor shall pro- 
ceed forthwith, in case of such failure, to recover the penalty, by suit 
against such treasurer, before any justice of the peace of his county. 
(71 v. 9, § 47-) 

Cited, 2 C. C, 475; 9. C. C, 13; 2 O. D., 152. 

Sec. 4046. (Repealed April n, 1888; 85 v. 192, 196.) 



160 



OHIO SCHOOL LAWS. 



Ch. 10. Enumeration, Treasurer and Clerk. 

Sec. 4047. [When treasurer may receive or pay money.] No 
treasurer of a school district shall pay out any school money except 
on an order signed by the president and countersigned by the clerk of 
the board of education ; and no money shall be paid to the treasurer of 
a district, other than that received from the county treasurer, except 
upon the order of the clerk of the board, who shall report the amount of 
such miscellaneous receipts to the county auditor each year, imme- 
diately preceding such treasurer's settlement with the auditor. (97 
v. 367; 71 v. 15, § 83.) 

A board of education has capacity to sue its treasurer for money received and not ac- 
counted for. The remedy is not limited to an action on the bond, but may be for money had 
and received. 51 O. S., 115. 

The treasurer should not pay an order for what he believes to be an illegal object, until 
he can consult with other members of the board, and have the question fully investigated. A 
man of discretion is supposed to be chosen to this, as to other offices, that the chances for 
discovering errors and fraud may be multiplied. 

Sec. 4047a. Repealed 97 v. 379. 

Sec. 4048. [Maximum amount of funds which treasurer may 
hold.] The clerk of a board of education or the county auditor shall 
pay no money into the hands of the treasurer of a school district in ex- 
cess of the amount of his bond and should said clerk or auditor violate 
this provision, he and his bondsmen shall be liable for any loss occa- 
sioned thereby ; and before giving said treasurer any warrant or order for 
any school funds the auditor may require the treasurer to file with him 
a statement showing the amount of such funds in his possession, signed 
by the clerk of the board of education. (97 v. 369; 70 v. 195, § 84.) 

Payment of school treasurers; see Sec. 4056., R. S. 

Sec. 4049. [Treasurer to deliver money, etc., to successor.] At 
the expiration of his term of service each treasurer shall deliver to his 
successor in office all books, papers, money, and other property in his 
hands belonging to the district, and take duplicate receipts of his suc- 
cessor therefor, one of which, he shall deposit with the clerk of the board 
of education within three days thereafter. (1888, April 11; 85 v. 192. 
194; Rev. Stat. 1880; 71 v. 9, §47.) 

Penalty for failure or refusal to pay over public money; see Sec. 7290, R. S. 

Sec. 4050. [Bond of clerk.] The clerk of each board of education 
shall execute a bond, in an amount and with surety to be approved by 
the board, payable to the state of Ohio; conditioned that he shall per- 
form faithfully all the official duties required of him ; which bond shall 
be deposited with the president of the board, and a copy thereof, certi- 
fied by the president of the board, shall be filed with the county audi- 
tor. (70 v. 195, § 45.) 

. Township clerk is authorized to administer oaths connected with school affairs- see Sec 
1505, R. S. ' ' 



OHIO SCHOOL LAW& 161 



Enumeration, Treasurer and Clerk. Ch. 10. 



Sec. 4051. [When orders of clerk for teachers' pay illegal.] It 

shall be unlawful for the clerk of a board to draw an order on the treas- 
urer for the payment of a teacher for services until the teacher files 
with him such reports as are required by the state commissioner of 
common schools and the board of education, a legal certificate of quali- 
fication, or a true copy thereof, covering the entire time of the service, 
and a statement of the branches taught; but orders may be drawn for 
the payment of special teachers of drawing, painting, penmanship, 
music, gymnastics, or a foreign language, on presentation of a certificate 
to the clerk, signed by a majority of the examiners, and the filing 
with him of a true copy thereof, covering the time for which a special 
teacher has been employed, and the specialty taught. (70 v. 195, §§ 
53, 94-) 

See section 4074. 

The provision in the act of March 18, 1S64, that no person shall be "employed" as a 
teacher unless he has first obtained the certificate required by law, does not render invalid 
a contract for employment made with the teacher before he obtains the requisite certificate, 
provided he obtain it before entering upon the duties of his employment. 22 O. S., 194. 

See 2 C. C, 475, under Sec. 4018. 

See 12 C. C, 247, under Sec. 4074. 

An order drawn by the clerk of the board of education, under the statute, in favor of a 
third person or bearer, on the township treasurer, is not negotiable, and a purchaser takes such 
order subject to the same defenses that could be made against it in the hands of the payee. 
22 O. S., 144. 

The written acceptance of such order by the predecessor of the township treasurer, to 
whom it was presented for payment, imposes no greater obligation on the latter to pay the 
•same, than he would have been under had it been presented without such acceptance. Id, 

Not only the teacher, but each member of the board of education, is severally liable for 
the repayment of- money paid under their vote and order, to a teacher who does not hold a 
certificate as required by law. The same rule applies to all payments made to teachers before 
reports required by law, by the State Commissioner of Common Schools, and by the board 
of education, have been made. 

An assistant teacher who has not a legal certificate cannot be paid through an order 
drawn in favor of another teacher who had a certificate, nor can any uncertificated teacher, who 
is employed as a substitute, receive pay through another teacher. 

The term "entire time of service," as used in this section, refers to the time of service 
covered by the order to be drawn, not to the entire time of employment. 

Sec. 4052. [Annual statistical report of the board of education; 
by whom prepared.] The clerk of each board shall prepare the annual 
report of the receipts and expenditures of school money, and the statis- 
tical statement in reference to the schools, required of the board by 
section forty hundred and fifty-seven of the Revised Statutes of Ohio, 
and transmit the same to the county auditor on or before the first day 
of September; provided, that in each school district having a superin- 
tendent of schools, the annual report, except the receipts and expendi-. 
tures of money, shall be made by the superintendent. (97 v. 368; 1888, 
April 11 : 85 v. 192, 194; Rev. Stat. 1880; 70 v. 195, § 82.) 

Penalty for not making report; see Sec. 4001, 4062. 

The board of education should see that the reports required by this section are filed before 
allowing compensation to the clerk for his services. 

11 0. S. L. 



162 



OHIO SCHOOL LAWS. 



Ch, 10. Enumeration, Treasurer and Clerk. 

Sec. 4053. [Publication of receipts and disbursements by clerk.] 

The board of education of each district, except city districts, shall 
require the clerk of the board annually, ten days prior to the election 
for members of the board of education, to prepare and post at the place 
or places of holding such elections, or publish in some newspaper of 
general circulation in the district, an itemized statement of all money 
received and disbursed by the treasurer of the board within- the school 
year last preceding. (97 v. 368; 70 v. 195, § 66.) 

Sec. 4054. [Clerk to deliver books, etc., to successor.] Each 
clerk shall, at the expiration of his term of office, deliver to his suc- 
cessor all books and papers in his hands relating to the affairs of his 
district, including certificates, and copies thereof, and reports of school 
statistics, filed by teachers. (70 v. 195, § 84.) 

Sec. 4055. [How treasurer and clerk to keep accounts.] The 
auditor of each county shall furnish to the clerk and treasurer of each 
school district in his county a suitable blank book, made according to 
the form prescribed by the bureau of inspection and supervision of 
public offices, in which each shall keep an account of the school funds 
of his district ; the clerk's account shall show the amounts certified by 
the county auditor to be due the district, all. sums paid to the treasurer' 
from other sources on his order, and all orders drawn by him on the 
treasurer, and upon what funds and for what purposes drawn ; the 
treasurer's accounts shall show the amounts received from the county 
treasurer, all sums received from other sources on the order of the 
clerk, and the amounts paid out, and from what funds and for what 
purposes paid ; and a separate account of each fund shall be kept and 
each account shall be balanced at the close of the school year, and 
the balance in the treasurer's hands belonging to each fund shown. (97 
v. 368; 70 v. 195, § 84.) 

Sec. 6846. A member of the council or board of aldermen 
of any municipal corporation, or an officer, agent, clerk, or ser- 
vant, of such corporation, or of any board or department thereof, 
or any officer, agent, clerk, or servant, of any board of educa- 
tion, who, knowingly, diverts, appropriates, or applies, any funds, 
or a part of any fund, raised under any law, by taxation or other- 
wise, to any other use or purpose than that for which it was 
raised or appropriated, or who, knowingly, diverts, appropri- 
ates, or applies, any money borrowed, or any bond of the cor- 
poration, or any part of the proceeds of such bond, to any other 
use or purpose than that for which such loan was made, or bond 
issued, shall be deemed guilty of embezzling the amount so di- 
verted, appropriated, or applied, and punished accordingly. 

Sec. 4056. [Compensation to treasurer and clerk.] The board 

of education of each school district shall fix the compensation of its 
clerk and treasurer, which shall be paid from the contingent fund of 
the district ; if the clerk and treasurer are paid annually the order for 



OHIO SCHOOL LAWS. 1(53 



Enumeration, Treasurer and Clerk. Ch. 10. 



the payment of their salaries shall not be drawn until said clerk and 
treasurer shall present to the board of education a certificate from the 
county auditor stating- that all reports required by law have been filed 
in his office; if the clerk and treasurer are paid semi-annually, quarterly, 
or monthly, the last payment on their salaries previous to August 31, 
shall not be made until all reports required by law have been filed with 
the county auditor and his certificate presented to the board of educa- 
tion as required herein. (97 v. 368; 1888, April n : 85 v. 192, 194; 
80 v. 95; Rev. Stat. 1880; 70 v. 195, § 49.) 

The compensation provided for the township clerk under this section is not to be included 
in the one hundred and fifty dollar limit of Sec. 1531. Attorney General. 

No compensation should be allowed to clerk or treasurer until after all reports required 
•by law are filed. 



164 OHIO SCHOOL LAWS. 



Ch 11. Reports. 



CHAPTER XL 

REPORTS. 



Section. 

4057. Annual report by board of education; 

its contents. 

4058. In what form to be made, etc. 

4059. Reports by superintendents and teach- 

ers. 

4060. Duties of county auditor as to school 

statistics, etc. 



Section. 

4061. Penalties aeainst auditor and clerk. 

4062. When auditor to appoint person to make 

report. 

4063. Further penalties against auditor. 

4064. Compensation of auditor. 



Sec. 4057. [Annual report of board of education; its contents.] 

The board of education of each district shall make a report to the 
county auditor, on or before the first day of September in each year, 
containing a statement of the receipts and expenditures of the board, 
the number of schools sustained, the length of time such schools were 
sustained, the enrollment of pupils, the average monthly enrollment, 
and average daily attendance, the number of teachers employed, and 
their salaries, the number of school houses and school rooms, and such 
other items as the commissioner of common schools may require. (1888,' 
April 11; 85 v. 192, 195; Rev. Stat, 1880; 70 v. 195, § 75 ; S. & C, 

I353-) 

Penalty for not making report, see Sees. 4061 and 4062. 

Sec. 4058. [In what form to be made, etc.] The report shall be 
made on blanks which shall be furuished by the commissioner of com- 
mon schools to the auditor of each county, and by the auditor to each 
school clerk in his county; and each board of education, or officer or 
employe thereof, or other school officer in any district or county, shall, 
whenever the commissioner so requires, report to him direct upon 
such blanks as he shall furnish, any statements or items of informa- 
tion that he may deem important or necessary. (70 v. 195, § 75.) 

Sec. 4059. [Reports by superintendents and teachers.] Boards 
of education shall require all teachers and superintendents to keep the 
school records in such manner that they may be enabled to report an- 
nually to the county auditor and state commissioner of common schools, 
as required by the provisions of this title and shall withhold the pay 
of such teachers and superintendents as fail to file the reports required 
of them; the records of each school shall, in addition to alb other re- 
quirements, be so kept as to exhibit the names of all pupils enrolled 
therein, the studies pursued, shall indicate the character of the work 
done, the standing of each pupil, and shall be as near uniform through- 
out the state as may be practicable ; said boards may require superin- 



OHIO SCHOOL LAWS. 165 



Reports. Ch. 11. 



tendents and teachers to report such matters as they deem important 
or necessary for information in regard to the management and conduct 
of the schools and to make such suggestions and recommendations as, 
they may deem advisable relative to methods of instruction, school 
management, or other matters of educational interest; and the board 
of education of each city district shall prepare and publish annually a 
report of the condition and administration of the schools under its charge, 
and include therein a complete exhibit of the financial affairs of the dis- 
trict. (97 v. 368; 70 v. 195, § 76.) 

All blanks required by board of education, superintendents and teachers in making the 
reports required by law are sent to the county auditors to be distributed by them to the clerks 
of the boards of education; see Sec. 4058. 

Sec. 4060. [Duties of county auditor as to school statistics, etc.] 

The auditor of each county shall, on or before the twentieth day of Sep- 
tember, annually, prepare, and transmit to the commissioner of com- 
mon schools an abstract of all the returns of school statistics made to 
him from the several districts in his county, according to the form 
prescribed by the commissioner, and a statement of the condition of 
the institute fund, and such other facts relating to schools and school 
funds as the commissioner may require; he shall also cause to be dis- 
tributed all such circulars, blanks and other papers, including school 
laws and documents, in the several school districts in the county, as 
the commissioner may lawfully require; and if the auditor neglect 
to prepare and return any of the abstracts or reports herein required 
the county commissioners shall withhold from him all compensation 
for his services under this title. (1888, April 11 ; 85 v. 192, 195; Rev. 
Stat. 1880; 70 v. 195, § 123; S. & C, 705.) 

Sec. 4061. [Penalties against auditor and clerk.] The auditor 
shall also be liable on his bond for any such neglect,. in a sum not less 
than three hundred nor more than one thousand dollars, on complaint 
of the commissioner of common schools; and if the clerk of the board 
of education of any district fail to make the annual returns of school 
statistics required by this title, to the county auditor, he shall be liable 
on his bond in a sum not less than fifty nor more than three hundred 
dollars, on complaint of the county auditor, or of the board of educa- 
tion, to be recovered in a civil action in the name of the state, and when 
collected to be paid into the county treasury, and applied to the use of 
common schools in such district. (70 v. 195, § 123; S. & S., 706.) 

Sec. 4062. [When auditor to appoint person to make report.] 
Upon the neglect or failure of the clerk of the board of education 
of any district to make the reports required in this title, and by the 
time specified, the county auditor shall appoint some suitable person, 



166 OHIO SCHOOL LAWS. 



Ch 11. Reports. 



resident of the district, to make such reports, who shall receive the 
same compensation therefor, and in the same manner, as is allowed 
by law for like services. (70 v. 195, § 123; S. & S., 706.) 

Sec. 4063. [Further penalties against auditor.] A county au- 
ditor who willfully or negligently fails, in any year, to transmit to 
the commissioner of common schools the abstract of enumeration re- 
quired by section forty hundred and thirty-nine, or to perform any 
other duty required of him under this title, shall be liable on his bond 
to the extent of twice the sum lost to the school districts of his county 
in consequence of such failure, which sum shall be recovered in a 
civil action against him, on his bond, in the name of the state, before 
any court of competent jurisdiction ; and the money so recovered shall 
be paid into the county treasury, for the benefit of such districts, and 
apportioned in the same manner as the school funds so lost would have 
been apportioned. (70 v. 195, §§ 81, 124.) 

Sec. 4064. [Compensation of auditor.] The commissioners of 
each county shall allow the county auditor, annually, a reasonable com- 
pensation for his services under this title, not to exceed five dollars for 
each city, village, special, and township school district in his county 
to be paid out of the county treasury; but before such allowance shall 
be made for any year the auditor shall present to the commissioners a 
statement, officially certified and signed by the commissioner of com- 
mon schools, that he has transmitted to the commissioner all" reports 
and returns of statistics for that year required by this title. (70 v. 
195, § 125.) 



OHIO SCHOOL LAWS. 



167 



Boards of Examiners. 



Ch. 12. 



CHAPTER XII. 



BOARDS OF EXAMINERS. 



Section. 

4065. State board; their appointment ; terms; 
vacancies. 

Power to issue three grades L I'.fe 
certificates; record thereof. 

Effect thereof; may be revok. - for 
cause. 

Examination fee?, their disprv'" n; 
compensation of members; static. __;y. 

County boards; appointment, terni, 
and vacancies; removals; notice of 
appointments; disqualifications. 
Organization of county boards of exam- 
iners; reports of clerk; compensation 
of clerk. 

Meetings for examinations; majority's 
power; examination fee. 
Uniform system of examinations; 
preparation and distribution of ex- 
amination questions. 

Disposition of fees. 

Granting, renewal and revocation of 
certificates; age limit; hearing on 
revocation of certificates; expenses. 

Making, changing or altering a teach- 
er's certificate constitutes forgery; 
see Sec. 7091, R. S. 



4066. 



4067 



406S. 



4069. 



4070. 



4071. 
4071a. 



4072. 
4073. 



Section. 

4074. Certificates of different grades; prere- 
quisites to employment; branches of 
study; value of life certificates. 

Compensation and expenses of board. 

Annual report of clerk, and his bond. 

Boards of examiners in city districts; 
appointment and removal; filling of 
vacancies; village boards of exam- 
iners abolished. 

Standard of qualifications for teachers; 
examination of schools; law govern- 
ing board in examining teachers; 
special examiners; their oath; duty 
of school superintendents. 

Organization of board; bond of _ clerk. 

Meetings for examinations; notice. 

Granting, renewal and revocation of 
certificates; age limit; hearing on 
revocation of certificate. 

Nature of certificates to be granted; 
branches of study. 

Compensation of examiners; incidental 
expenses. 

Records and reports; duties of the 
clerk; disposition of fees. 

Applicants who fail may appeal to the 
state commissioner of common 
schools; method of procedure. 



4075. 
4070, 
4077. 



4078. 



4079. 
4080. 
4081. 



4082. 
4088. 



4084. 
4085. 



STATE BOARD OF EXAMINERS. 

Sec. 4065. [State board; appointment; term; vacancies.] There 
shall be a state board of examiners, which shall consist of five compe- 
tent persons, resident of the state, to be appointed by the state com- 
missioner of common schools ; not more than three of whom shall be- 
long to the same political party. The term of office of such examiners 
shall be five years ; the term of one of the examiners shall expire on 
the 31st day of August, each year, [and when one of which shall expire 
on the 31st of August every year,] and when a vacancy occurs in the 
board, whether from expiration of the term of office, refusal to serve, 
or other cause, the commissioner shall fill the same by appointment for 
the full or unexpired term, as the case demands. (1888, April 16; 85 
v. 330; 81 v. 95; Rev. Stat., 1880; 70 v. 195, § 85 ; S. & S., 709.) 

Sec. 4066. [Power to issue three grades of life certificates; re- 
cord thereof.] The, board thus constituted may issue three grades 
of life certificates to such as are found to possess the requisite scholar- 
ship, and who exhibit satisfactory evidence of good moral character and 
of professional experience and ability ; the certificates shall be for different 
grades of schools according to branches taught, and shall be valid in 
the schools specified therein. The clerk of the board shall keep a record 



168 OHIO SCHOOL LAWS. 



Ch. 1'2. Boards of Examiners. 



of the proceedings, showing the number, date and grade of each certi- 
ficate, to whom granted, and for what branches of study, and shall re- 
port such statistics to the commissioner, annually, on or before the 31st 
day of August. (1888, April 16; 85 v. 330; 78 v. 39; Rev. Stat., 1880; 
70 v. 195, § 86; S. &. S., 709.) 

The state board of examiners issues the following certificates: High school life, common 
school life and special life. High school life certificates are unlimited, common school life 
and special life are limited to the branches of study specified therein. 

Sec. 4067. [Effect thereof; may be revoked for cause.] All cer- 
tificates issued by such board shall be countersigned by the commis- 
sioner of common schools ; and such certificates shall supersede the 
necessity of any and all other examinations of the persons holding them, 
by any board of examiners, and shall be valid in any school district in 
the state, unless revoked by the state board for good cause. (70 v. 195, 
§ 87; S. & S., 709.) 

Sec. 4068. [Examination fees; their disposition; compensation 
of members; stationery.] Each applicant for a certificate shall pay 
to the board of examiners a fee of five dollars ; and the clerk of the board 
shall pay to the state treasurer, all fees received, and file with the state 
auditor a written statement of the amount. Each member of the board 
shall be entitled to receive five dollars for each day he is necessarily 
engaged in official service, and also six cents per mile each way for 
traveling from and to his place of residence, by the most direct route 
of public travel to and from the places of meetings of the board, to be 
paid out of the state treasury on the order of the state auditor ; all books, 
blanks and stationery required by the board shall be furnished by the 
secretary of state. (1888, April 16; 85 v. 330; 82 v. 100; Rev. Stat, 
1880; 70 v. 195, § 88; S. & S., 709.) 

COUNTY EXAMINERS. 

Sec. 4069. [County boards; appointment, term, and vacancies; 
removals; notice of appointment; disqualifications.] There shall be 
a county board of school examiners for each county, which shall consist 
of three competent persons to be appointed by the probate judge. Two 
of such persons shall have had at least two years' experience as teachers 
or superintendents, and shall have been within five years, actual teachers 
in the public schools. Each person so appointed shall be a legal resident 
of the county for which he is appointed, and, should he remove from 
the county during his term, his office shall be thereby vacated and his 
successor be appointed. No examiner shall teach in, be connected with, 
or be financially interested in any school which is not supported wholly 
or in part by the state, or be employed as an instructor in any teachers' 



OHIO SCHOOL LAWS. 



169 



Boards of Examiners. Cb. 12. 



institute in his own county ; nor shall any person be appointed to the 
position, or exercise the office of examiner who is agent of or is finan- 
cially interested in any book publishing or book selling firm, company 
or business, or in any educational journal or magazine. If an examiner 
becomes connected with or interested in any school not under state 
control, or is employed in any such institute in his own county, or be- 
comes an agent of or interested in any book company or journal, or 
fails to hold the necessary teacher's certificate, or removes from the 
county, the probate judge shall forthwith, upon being apprised of such 
fact, remove such examiner and appoint his successor. The term of 
office of such examiner shall be three years. The term of one of the 
examiners shall expire on the thirty-first day of August, each year; but 
.the probate judge shall revoke the appointment of any examiner, upon 
satisfactory proof that he is inefficient, intemperate, negligent, guilty of 
immoral conduct, or that he is using his office for personal or private, 
gain. When a vacancy occurs in the board, whether from expiration 
of the term of office, refusal to serve, or other cause, the probate judge 
shall promptly fill the same by appointment for the full or unexpired 
term, and said judge shall, within ten days, report the same to the state 
commissioner of common schools, together with the names of the other 
members of the board and the date of the expiration of their several terms 
of office. The members of county boards of examiners, as now con- 
stituted, shall serve for the full term for which they were appointed 
unless removed for cause as provided for in section forty hundred and 
sixty-nine as it existed previous to this enactment. (97 v. 369; 88 v. 
495; 85 v. 330; Rev. Stat., 1880; 70 v. 195, § 89.) 

All schools not supported, at least in part, by public funds, are termed private schools. 

Sec. 4070. [Organization of county boards of examiners; re- 
ports of clerk; compensation of clerk.] The board of county school 
examiners shall annually in the month of September organize by choos- 
ing from its members a president, a vice-president, and a clerk; the 
president shall preside at all the meetings of the board, and in his ab- 
sence the vice-president shall preside; the clerk shall keep a full and 
accurate record of the proceedings of the board, showing the number 
and date and. character of each certificate issued, and to whom, for what 
term, and for what branches of study, and such other statistics relating 
to the examination and the proceedings of the board as the state com- 
missioner of common schools may require, and in the form and manner 
he may require, and shall make a report of all such items annually on 
or before the first day of September ; the clerk shall receive for his ser- 
vices as clerk four dollars for each examination of sixty applicants or 



170 OHIO SCHOOL LAWS. 



Ch. 12. Boards of JLixaminers. 



less, six dollars for each examination of more than sixty applicants and 
less than one hundred, eight dollars for each examination of one hun- 
dred applicants or more, to be paid out of the county treasury on the 
order of the county auditor, but no order shall be drawn for the month 
of August until the clerk produce a receipt from the state commissionet 
of common schools that he has filed all the reports for the year required 
by said commissioner. The board shall make all needful rules and regu- 
lations for the proper discharge of its duties and the conduct of its work, 
subject to statutory provisions and the approval of the state commis- 
sioner of common schools. (97 v. 370; 92 v. 215; 85 v. 192, 195; Rev. 
Stat. 1880; 70 v. 241, § 95.) 

The prosecuting attorney is the legal adviser of county boards of examiners; see Sec 
1274., R. S. 

Sec. 4071. [Meetings for examinations; majority's power; ex- 
amination fee.] Each board shall hold public meetings for the ex- 
amination of applicants for county teachers' certificates on the first Sat- 
urday of every month of the year, unless Saturday shall fall on a legal 
holiday, in which case, said examination shall be held on the succeeding 
Saturday, at such place or places, within the county as will, in the opinion 
of the board, best accommodate the greatest number of applicants, notice 
of which shall be published in two weekly newspapers of different politics 
printed in the county, if there are two papers thus published, if not, then 
a publication in one only is required. In no case shall the board hold 
any private examination or ante-date any certificate. A majority of the 
board may examine applicants and grant certificates ; and as a condition 
of any applicant being admitted to take the examination, each such ap- 
plicant shall pay to the board for the use of the county institute a fee 
of fifty cents. (97 v. 370; 92 v. 215 ; 89 v. 245 ; 70 v. 195, §§ 90, 91.) 

It has been decided by two or more common pleas courts in Ohio, "that the examina- 
tion of the candidate, and determination to grant the certificate being official acts, can only 
be legally performed at a session of the board duly organized,- and that the whole board, 
as such, is to decide regarding the qualifications of each applicant to teach each branch certified 
to." See also case of McCortle v. Bates, 29 O. S., 419, as quoted in full under section 3982. 
All its reasoning regarding boards of education applies equally to examining boards. 

Sec. 4071a. [Uniform system of examinations; preparation and 
distribution of examination questions.] After the first day of Sep- 
tember, 1904, the questions for all county teachers' examinations, 
throughout the state, shall be prepared and printed under the direction 
of the state commissioner of common schools, and a sufficient number 
of lists shall be sent, under seal, to the clerks of the said boards of ex- 
aminers not less than five days before each examination, said seal to be 
-broken at the time of the examination at which they are to be used, 
and in the presence of the applicants and a majority of the members of 



OHIO SCHOOL LAWS. 171 



Boards of Examiners. Ch. 12. 



the examining board. An}' person or persons connected with the prepa- 
ration, printing, distribution, or handling of said questions, who shall, 
prior to the examination in each branch of study, make the same public 
in any manner, or give information in regard to the nature or character 
of the questions to any applicant for a certificate or other person, and 
any person or persons other than those connected with the preparation, 
printing, distribution, or handling of said questions who shall be found 
in possession of any of said questions prior to the distribution of the 
same for the use of applicants at any examination, shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined in a sum not 
less than fifty dollars nor more than one hundred dollars and shall be 
imprisoned not less than thirty days nor more than ninety days. (98 v. 
228; 97 v. 371 ; 90 v. 300.) 

Sec. 4072. [Disposition of fees.] The clerk of the board of 
county school examiners shall promptly collect all fees from applicants 
at each examination and pay the same into the county treasury quarterly, 
and he shall file with the county auditor a written statement of the 
amount, and the number of applicants, male and female, examined dur- 
ing the quarter ; and all such money thus received shall be set apart by 
the auditor for the support of county teachers' institutes, to be applied 
as provided for in chapter thirteen of this title. (97 v. 371 ; passed 1886, 
March 25; took effect Sept. 1, 1886; 83 v. 40; Rev. Stat. 1880; 70 v. 
i95» § 9 1 ; S. &S., 706.) 

Sec. 4073. [Granting, renewal and revocation of certificates; 
age limit; hearing on revocation of certificate; expenses.] The 
county board of examiners may grant teachers' certificates for one, 
two, three, five, and eight years from the day of the examination ; and 
said certificates shall be valid in all village, township, and special school 
districts of the county wherein they are issued, but in all school districts 
situated in two or more counties teachers' certificates obtained in either 
county shall be valid in such districts. All teachers' certificates granted 
for one, two or three years shall be regarded as provisional certificates 
and shall be issued only in compliance with such reasonable regulations 
and standards and upon such ratios as the board may adopt, but no such 
certificate shall be renewed except upon examination ; provided, that 
when any teacher holding a two year certificate and having for the last 
five years preceding been continuously engaged in teaching in the same 
county, said teacher shall be entitled to have his or her certificate renewed 
by passing an examination in theory and practice ; all certificates granted 
for five years, or eight years, shall be regarded as professional certificates 
and shall be renewable without examination at the discretion of the ex- 
amining board, if for three years preceding the date of the application the 
holders thereof shall have been engaged in teaching, not less than twelve 



172 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



months of such time being spent in the same district and the board of 
examiners being satisfied as to the moral character and the professional 
attainments of the holders thereof. No certificate shall be issued to any 
person who is less than eighteen years of age ; and if at any time the 
recipient of a certificate be found intemperate, immoral, incompetent, or 
negligent, the examiners, or any two of them, may revoke the certificate; 
but such revocation shall not prevent a teacher from receiving pay for 
services previously rendered ; but before any hearing is had by a board 
of examiners on the question of the revocation of a teacher's certificate, 
the charges against the teacher shall be reduced to writing and placed 
upon the records of the board, and the teacher shall be notified in writing 
as to the nature of the charges and the time set for the hearing, such 
notice to be served personally or at his residence, and the teacher shall 
be entitled to produce witnesses and defend himself ; the examining board 
shall have power to send for witnesses and examine them on oath or 
affirmation touching the matter under investigation, and said oath or 
affirmation' may be administered by any member of tie board of exam- 
iners. The fees and the per diem of examiners for conducting such in- 
vestigation at three dollars a day each and other expenses of such trial 
shall be certified to the county auditor by the clerk and president of the/ 
examining board, and be paid out of the county treasury upon the order 
of the auditor. (97 v. 371 ; 93 v. 115 ; 92 v. 121 ; 85 v. 330, 331 ; 81 v. 
55 ; 79 v. 83 ; Rev. Stat. 1880; 70 v. 195, § 92 ; S. & S., 707.) 

Nc applicant who is not eighteen years of age at the time of the examination can receive 
a legal certificate. 

The revocation of a teacher's certificate by the county school examiners for intemper- 
ance and immorality is not reviewable by the courts. Hence that board will not be compelled 
by mandamus to sign a bill of exceptions setting out the evidence on the trial to revoke. 
1 N. P., 151. 

The revocation of a certificate is not strictly a judicial proceeding. The law which clothes 
the boards of examiners with discretionary power, will protect them in the proper use of it. 
T'ley cannot, of course, be mulcted in damages nor removed from office, for refusing to 
grant a certificate, nor for revoking a certificate, in the exercise of this discretion. If malice 
or other undue motive enter into the transaction, however, the candidate has his remedy in ' 
the courts, and the probate judge may remove any member for such cause, as a malfeasance 
in office — an immorality — cne of the causes enumerated in the law. 

Notice of revocation should at least be given to the boards of education concerned. A 
person cannot draw pay after his certificate is revoked. 

A certificate cannot be antedated. See Sec. 4071. 

A certificate issued by a board of examiners in one county is not valid in the other 
counties of the state. 

An official trust cannot be delegated. See III Central Law Journal, p. 472. The board 
has no authority, therefore, to appoint a substitute to perform the duties of any of its members. 
A certificate depending on the signature of such substitute for its validity, is worthless. As 
all citizens are bound to know the law, so candidates and school authorities are bound to know 
who .are legal, or, at least, de facto public officers. 

Sec. 4074. [Certificates of different grades.; prerequisites to em- 
ployment; branches of study; value of certain life certificates.] From 
and after the first day of September, 1904, three kinds of teachers' cer- 
tificates only shall be issued by county boards of school examiners ; said 



OHIO SCHOOL LAWS. 173 



Boards of Examiners. Ch. 12. 



kinds of teachers' certificates shall be styled respectively "Teacher's Ele- 
mentary School Certificate," which shall be valid for all branches of study 
in schools below high school rank, "Teacher's High School Certificate," 
which shall be valid for all branches of study in recognized high schools 
and for superintendents, and "Teacher's Special Certificate," which shall 
be valid in schools of all grades, but only for the branch or branches of 
study named therein. From and after the first day of September, 1905, 
no person shall be employed or enter upon the performance of his duties 
as a teacher in any elementary school supported wholly or in part by the 
state in any village, township, or special school district who has not ob- 
tained from a board of school examiners having competent jurisdiction 
a certificate of good moral character and that he or she is qualified to 
teach orthography, reading, writing, arithmetic, English grammar and 
composition, geography, history of the United States, including civil 
government, physiology including narcotics, literature, and that he or she 
possesses an adequate knowledge of the theory and practice of teaching; 
and no person shall be employed or enter upon the performance of his 
duties as a teacher in any recognized high school supported wholly or in 
part by the state in any village, township, or special school district, or 
act as superintendent of school in such district, who has not obtained 
from a board of examiners having competent jurisdiction a certificate of 
good moral character and that he or she is qualified to teach literature, 
general history, algebra, physics, physiology including narcotics, and, in 
addition thereto, four branches elected from the following branches of 
study : Latin, German, rhetoric, civil government, geometry, physical 
geography, botany, and chemistry ; and that he or she possesses an ade- 
quate knowledge of the theory and practice of teaching; and no person 
shall be employed and enter upon the performance of his duties as a spe- 
cial teacher of music, drawing, painting, penmanship, gymnastics, Ger- 
man, French, the commercial and industrial branches, or any one of them, 
in any elementary or high school supported wholly or in part by the state 
in any village, township or special school district, who has not obtained 
from the board of examiners having competent jurisdiction a certificate 
of good moral character and that he or she is qualified to teach the special 
branch or branches of study, and in addition thereto, that he or she pos- 
sesses an adequate knowledge of the theory and practice of teaching ; 
provided, that county boards of school examiners are authorized to rec- 
ognize or renew, at their discretion, in the appropriate kind and for the 
same length of time any certificate or certificates, held by teachers who 
may apply for such recognition or renewal prior to the first day of Sep- 
tember, 1905, and provided, further, that no person holding a common 
school certificate issued by the board of state examiners shall be required 
to hold any other certificate to teach in the elementary schools of the 



174 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



state, nor shall any holder of said common school life certificate be re- 
quired by any board to be examined in any of the branches covered by 
said certificate in order to be granted the teachers' hich school certificate 
authorized herein. 97 v. 372; 92 v. 36; 85 v. 330, 331; 85 v. 93; 79 
v. 70; Rev. Stat. 1880; 71 v. 102, § 93 ; S. & S. 707.) 

See Sec. 4051. 

For instruction as to the effect of alcoholic drinks and narcotics on the human system, 
in the public schools, see Sec. 4020-23. 

Qualifications, etc., of teachers of day schools for deaf children; see act following Sec. 
8901. 

The above section forbidding the employment of a teacher who has no certificate was 
not intended to guard against a contract but against incompetency; hence, if the teacher gets 
his certificate after the contract, but before entering on his duties, it is sufficient; the latter 
is the employment. 22 O. S., 194. 

In Illinois, a certificate was not obtained till the middle of the term. A new contract 
was entered into at that time to pay the teacher double wages for the rest of the term. This 
was considered an attempt to do indirectly what there was no power to do directly; and 
therefore the contract was held void. VI 111., 532. 

A person began teaching under a contract. He taught three weeks; then obtained a' 
certificate and made a written contract to run three months from the time he began teaching. 
Held, that he was entitled to wages after certificate was obtained, but to no pay for the previous 
three weeks. 20 Minn., 72. 

No money can be legally drawn for teaching a day without a certificate, and to re- 
ceive public money illegally is a crime under Sees. 6841 and 6S46. 

The board of education at G., at a regular meeting, tendered C. the election as superin- 
tendent of a school in which branches other than those enumerated in the certificate issued to 
C. by the board of school examiners, were taught. C. accepted the employment tendered, ancf 
entered upon its duties. Held, that this constituted a valid contract, and in the absence of 
proof, other teachers being employed in the school, no presumption arises that C. actually 
taught branches not enumerated in his certificate. 12 C. C, 247. 

As to penalty for bribing or attempting to bribe an officer, see Sec. 6900. 

Teachers in schools at children's homes and in kindergarten schools, supported by public 
funds, must hold certificates. 

, Sec. 4075. [Compensation and expenses of board.] Each mem- 
ber of the county board of school examiners shall be entitled to receive 
ten dollars for each examination of sixty applicants or less, fourteen dollars 
for each examination of more than sixty applicants and less than one hun- 
dred, eighteen dollars for each examination of one hundred applicants or 
more, to be paid out of the county treasury on the order of the county 
auditor; all books, blanks and stationery required by the board shall be 
furnished by the county auditor ; the board may contract for the use of 
suitable rooms in which to conduct examinations, for the printing of ex- 
amination questions, may procure fuel and light, and employ janitors, to 
take charge of the rooms and keep them in order, and the expenses so 
incurred, together with the cost of advertising required by section forty 
hundred and seventy-one, shall be paid out of the county treasury on 
orders of the county auditor, who shall issue such orders upon the certifi- 
cate of the president of the board, countersigned by the clerk. (97 v. 373 ; 
92 v. 216 ; 83 v. 40 ; Rev. Stat. 1880 ; 70 v. 241, § 95 ; S. & S. 707.) 

Sec. 4076. [Annual report of clerk and his bond.] The clerk 
of the board shall prepare, and forward to the state commissioner of 



onio school laws. 175 



Boards of Examiners. Ch. 12. 



common schools, on or before the first day of September in each year, a 
statement of the number of examinations held by the board, the number 
of applicants examined, the total number of certificates granted, and the 
number for each term mentioned in section forty hundred and seventy- 
three, the amount of fees received and paid to the county treasurer, the 
amount received from the county treasury by the members of the board 
for their services, and such other statistics and information in relation 
to the duties of the board as said commissioner may require ; and he shall 
deposit with the county auditor a bond, with surety to be approved by 
the auditor, in the sum of three hundred dollars, that he will pay into the 
county treasury, quarterly, the examination fees received by the board, 
and make the statistical returns required by this chapter. (97 v. 373 ; 
1888, April 11; 85 v. 192, 195; Rev. Stat. 1880; 70 v. 241, § 95; S. & 
S. 707.) 

Blanks for reports are sent to the county auditors for distribution. 
CITY EXAMINERS. 

Sec. 4077. [Boards of examiners in city districts; appointment 
and removal; filling of vacancy; village boards of examiners 
abolished.] There shall be a city board of school examiners for each 
city school district, to be appointed by the board of education of the 
district; such board shall consist of three persons, and the majority of 
the persons appointed shall have had at least two years' practical experi- 
ence in teaching in the public schools and all persons appointed shall be 
otherwise competent for the position and residents of the district for 
which they are appointed ; the term of office of such examiners shall be 
three years ; the term of one-third of the examiners shall expire on the 
thirty-first day of August each year; but the board of education may 
revoke any appointment upon satisfactory proof that the appointee is 
inefficient, intemperate, negligent, or guilty of immoral conduct ; when 
a vacancy occurs in the board, whether from expiration of term of office, 
refusal to serve, or other cause, the board of education shall fill the same 
by appointment for the full or unexpired term, as the case demands ; and 
within ten days after an appointment, the clerk of the board of education 
shall report to the state commissioner of common schools the name of the 
appointee, and whether the appointment is for a full or an unexpired 
term ; provided, that in city school districts that now have a board of city 
school examiners consisting of three members, the members of the same 
shall serve for the full term for which they were appointed ; when the 
board does not consist of three members the same is hereby abolished and 
a new board shall be appointed, the members to serve for one, two and 
three years from the thirty-first day of August succeeding the passage of 
this act. All village boards of examiners are hereby abolished, but cer- 



17t) OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



tificates issued by said boards shall continue in force within the village 
school district, for the full time for which they were issued. (97 v. 374; 
88 v. 280; 85 v. 330, 332; Rev. Stat. 1880; 70 v. 195, § 97; 71 v. 

Sec. 4078. [Standard of qualification for teachers; examina- 
tion of schools; law governing board in examining teachers; 
special examiners; their oath; duty of school superintendents.] Each 
city board of school examiners shall determine the standard of qualifica- 
tion for teachers, and may examine any school in the district when such 
examination is deemed necessary to ascertain a teacher's qualifications, 
but in the examination of applicants and the granting of certificates the 
board shall be governed by the provisions of section forty hundred and 
seventy-four, and to secure a thorough examination of applicants in diffi- 
cult branches, or special studies, the board may secure the assistance, 
temporarily, of persons of sufficient knowledge in such branches or stu- 
dies, who shall promise on oath or affirmation, to be administered by the 
clerk of the board of examiners, to perform the duties of examiner faith- 
fully and impartially, and superintendents of schools shall give to the 
board all necessary information in reference to branches and special 
studies to be taught, and the branches of study and grades of school which 
teachers 1 will be required to teach. (97 v. 374;* 1888, April 16; 85 v. 
330, 332; Rev. Stat. 1880; 71 v. 107, § 96.) 

An expert secured by the board to conduct examinations in any particular branch should 
certify the result of the examination to the board; all certificates should be signed by members 
of the board and by such members only. 

Sec. 4079. [Organization of board; bond of clerk.] Each city 
board of school examiners shall organize during the month of Septem- 
ber each year by choosing from its members a president, a vice-president, 
and a clerk ; the president shall preside at all the meetings of the board, 
and in his absence the vice-president shall preside ; the clerk shall per- 
form all the duties required in this chapter of the clerk of the board of 
county school examiners in so far as said duties apply, and shall give 
bond, in the sum of- three hundred dollars with surety to be approved by 
the board of education, conditioned that he will perform faithfully the 
duties required of him by this chapter, which bond shall be deposited with 
the clerk of the board of education. (9*7 v. 375 ; 70 v. 195, § 98.) 

Sec. 4080. [Meetings for examinations; notice.] Each board 
of city school examiners shall hold not less than two meetings each year, 
notice of which shall be published in some newspaper of general circu- 
lation in the district, and the expense of such publication shall be paid as 
provided in section forty hundred and eighty-three, and all examinations 
of applicants shall be conducted at the meetings of the boards thus called, 
and the examination of each and every applicant shall be in the presence 



OHIO SCHOOL LAWS. 177 



Boards of Examiners. Ch. 12. 



of at least two members of the board. (97 v. 375; 1888, April 16; 85 v. 
330, 332.) 

Sec. 4081. [Granting, renewal and revocation of certificates; 
age limit; hearing on revocation of certificate.] Each city board of 
school examiners may grant teachers' certificates for one, two, three, five, 
and eight years from the day of examination ; and said certificates shall 
be valid within the district wherein they are issued. All teachers' certifi- 
cates granted for one, two, or three years, shall be regarded as provisional 
certificates and shall be issued only in compliance with such reasonable 
regulations and standard and upon such ratios as the board may adopt, 
but no such certificate shall be renewed except upon examination; pro- 
vided, that when any teacher holding a two year certificate and having 
for the last five years preceding been continuously engaged in teaching 
in the same county, said teacher shall be entitled to have his or her cer- 
tificate renewed by passing an examination in theory and practice; all 
certificates granted for five years, or eight years, shall be regarded as pro- 
fessional certificates and shall be renewable without examination at the 
discretion of the examining board, if for three years next preceding the 
date of the application of the holders thereof shall have been engaged in 
teaching, not less than twelve months of such time being spent in the same 
district and the board being satisfied as to the moral character and the 
professional attainments of the holders thereof. No certificate shall be 
issued to any person who is less than eighteen years of age ; and if at any 
time the recipient of a certificate to be found intemperate, immoral, incom- 
petent, or negligent, the examiners, or^any two of them, may revoke the 
certificate ; but such revocation shall not prevent a teacher from receiving 
pay for services previously rendered ; and before any hearing is had by a 
board of examiners on the question of the revocation of a teacher's cer- 
tificate, the charges against the teacher shall be reduced to writing and 
placed upon the records of the board, and the teacher shall be notified 
in writing as to the nature of the charges and the time set for the hear- 
ing, such notice to be served either personally or at his residence, and the 
teacher shall be entitled to produce witnesses and defend himself; the 
examining board shall have power to send for witnesses and examine 
them on oath touching the matter under investigation, and said oath or 
affirmation may be administered by any member of the board of exam- 
iners. (97 v. 375; 1888, April 16; 85 v. 330, 333; 78 v. 87; 77 v. 6; 
Rev. Stat. 1880; 70 v. 195, § 100; 72 v. 114, § 99.) 

See notes under sections 4073 and 4074. 

Sec. 4082. [Nature of certificates to be granted; branches of 
study.] The provisions of section forty hundred and scvcnty-fonr of 
the Revised Statutes of Ohio relating to the kinds of certificates author- 
ized to be issued by the county boards of school examiners for teachers in 
12 0. s. L. 



178 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



elementary schools and high schools, and for superintendents shall apply 
to city boards of school examiners; provided, that city boards of school 
examiners may, in their discretion, require teachers in elementary schools 
to be examined in drawing, music, or German if such subjects are a part 
of the regular work of such teachers. (97 v. 376; 71 v. 107, § 96.) 

Sec. 4083. [Compensation of examiners; incidental expenses.] 
Each city board of education shall fix the compensation of the mem- 
bers of the city board of school examiners and the additional compensation 
of the clerk of the board, and the person or persons called to their assist-, 
ance, furnish the necessary books, blanks and stationery for their use, and 
designate a school building within the district in which they shall conduct 
examinations, and to cause such building to be lighted and heated if 
necessary; and such compensation, and the incidental expenses incurred 
on account of the city board of school examiners, shall be paid, by order 
of the board of education, from the contingent fund of the district. (97 
v. 376; 1888, April 11; 85 v. 192, 196; Rev. Stat. 1880; 70 v. 195, 
§98.) 

Sec. 4084. [Records and reports; duties of the clerk; disposi- 
tion of fees.] The clerk of the city board of school examiners shall 
keep a record of the proceedings of the board, and such statistics as the 
state commissioner of common schools may require, and in the form and 
manner he may require, and shall report such statistics to the commis- 
sioner annually, on or before the first day of September ; he shall pay the 
examination fees received by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with the clerk of 
the board of education a written statement of the amount, and also a 
statement of the number of applicants, male and female, examined, and 
the number of certificates granted, and for what terms ; and the fees paid 
to the treasurer of the district shall be applied to the support of teachers' 
institutes, as provided in chapter thirteen. (97 v. 376; 1888, Feb. 22; 
85 v. 30; 83 v. 35; 78 v. 87; Rev. Stat. 1880; 70 v. 195, § 101 ; 72 v. 
114, § 99-) 

Blank reports are sent to the county auditors for distribution. 

Sec. 4085. [Applicants who fail may appeal to the state com- 
missioner of common schools; method of procedure.] All manu- 
scripts filed as answers to questions propounded to any applicant appear- 
ing before any county or city board of school examiners, shall be promptly 
considered and passed upon by said board together with the results of 
oral tests if any and such other information which may come to said board 
touching the fitness of any applicant for teaching in the public schools; 
and said board shall promptly issue all certificates granted to successful 
applicants and send notices of failure to those who fail in the examina- 



OHIO SCHOOL LAWS. 17i> 



Boards of Examiners. Ch. 12. 



tion, if such there be. All such manuscripts shall be kept on file for sixty 
days by the members of the examining board propounding the questions, 
and if within the sixty days any applicant after receiving his returns from 
the examination has cause to and does believe that he has been discrim- 
inated against and his manuscripts unfairly graded, it shall be his right to 
review his manuscripts with the member or members of the board having 
the same in charge, and if after such inspection and review of the manu- 
scripts, he is still of the opinion that said board will not correct the error, 
if any, and issue his certificate, he shall have the right to appeal his case to 
the state commissioner of common schools for final review. Such appeal 
shall be in the form of an affidavit setting forth the facts as he believes 
them, accompanied by a fee of one dollar to cover the expenses incident to 
said appeal, and requesting that the matter be inquired into; thereupon 
the said commissioner shall require the clerk of said board to procure and 
forward said manuscripts, together with a full explanation of the reasons 
for the board's action, and if upon his examination of all the facts, to- 
gether with the manuscripts, he find that said applicant was denied a cer- 
tificate when he should have been granted one and has been discrim- 
inated against by the board, he shall order the board forthwith to issue 
a certificate of the date of the teachers' examination attended by said ap- 
plicant and indicate the length of time said certificate shall be valid, but 
if upon inspection of the manuscripts and reviewing the facts submitted 
he shall conclude that no injustice has been done, he shall so notify the 
applicant and the clerk of the board of examiners. (97 v. 377.) 



180 



OHIO SCHOOL LAWS. 



Ch 13. 



Teachers' Institutes. 



CHAPTER XIII. 



TEACHERS INSTITUTES. 



Section. 

4086. Organization of county teachers' insti- 
tutes; election of officers; term; va- 
cancies; duty of executive commit- 
tee; bond; when election to be held. 

Payment of institute fund to committee. 

Report of secretary; his compensation. 

Forfeiture of committee's bond. 

When school commissioner may hold in- 
stitute. 



4087. 



4089. 
4090. 



Section. 

4091. Teachers may dismiss school to attend 
institute; compensation for time, when 
allowed. 

Institutes for city districts; number of 
days; payment of expenses; appro- 
priation by board of education. 

Repealed^. 

Number of days institute must continue; 
reports. 



4092. 



4093 
4094 



Sec. 4086. [Organization of county teachers' institute; elections, 
term, duties and bond of officers.] A teachers' institute may be or- 
ganized in any county, by the association of not less than thirty practical 
teachers of the common schools residing therein, who shall declare their 
intention in writing to attend such institute, the purpose of which shall 
be the improvement of such teachers in their profession; such institute 
shall elect annually, by ballot, a president, secretary, and one member of, 
an executive committee, said member of the executive committee 
to serve for a term of three years; provided, that at the first 
annual election held after the organization of any institute, there 
shall be elected three members of the executive committee, the one 
receiving the highest number of votes to serve for three years; the 
one receiving the next highest number of votes to serve two years ; and 
the one receiving the next highest number of votes to serve one year. 
The president and secretary of the institute shall be ex-officio members of 
the executive committee and shall act as chairman and secretary of said 
committee. Any vacancy in the office of president, secretary, or member 
of the executive committee caused by death, resignation, removal from 
the county or other cause, may be filled by the executive committee, the 
person elected to fill such vacancy to serve until the next annual meeting 
of the institute. It shall be the duty of this executive committee to man- 
age the affairs of the institute ; which committee shall enter into a bond, 
payable to the state of Ohio, with sufficient surety, to be approved by the 
county auditor in double the amount of the institute fund in the county 
treasury, for the benefit of the institute fund of the county, and con- 
ditioned that the committee shall account faithfully for the money which 
will come into its possession, and make the report to the commissioner 
of common schools, required by section four thousand and eighty-eight, 
and such election of officers shall be held during the session of such insti- 
tute and at time fixed by the executive committee thereof, of which elec- 
tion at least three days' notice shall be given the members of such institute- 



OHIO SCHOOL LAWS. 181 



Teachers' Institutes. Ch 13. 



by posting conspicuously in a room, where such institute is held, a notice 
of the time and place of holding such election and of the officers to be 
voted for at such election. (95 v. 237; 92 v. 10; 84 v. 230; Rev. Stat. 
1880; 70 v. 195, § 112.) 

Since the president and secretary of the institute are ex-officio members of the execu- 
tive committee, the other members of the committee alone cannot lawfully organize the com- 
mittee. The president of the institute is chairman of the committee and the secretary of the 
institute is secretary of the committee. 

Sec. 20-1. The commissioners of the several counties of the 
state may receive bequests, donations and gifts of real and per- 
sonal property and money to promote and advance the cause of 

education in their respective counties; a part may 

be used to defray the expenses of the teachers' institute, each year. 
The purpose of a teachers' institute being the improvement of the teachers entitled to 
its privileges in their profession, it clearly follows that the instruction given therein should 
be mainly upon methods of teaching and the management of schools. 

Sec. 4087. [Payment of institute fund to committee.] The dec- 
laration and bond mentioned in section forty hundred and eighty-six shall 
be filed with the county auditor, whereupon the auditor shall give to the 
institute committee an order on the county treasurer for the amount of 
the institute fund in the treasury ; and any portion of said fund not dis- 
bursed by the committee shall be returned to the county treasury, on the 
certificate of the county auditor. (70 v. 195, § 112; S. & S. 709.) 

Sec. 4088. [Report of secretary; his compensation.] The sec- 
retary shall, within five days after the adjournment of the institute, report 
to the state commissioner of common schools the number of teachers in 
attendance at the institute, the names of instructors and lecturers attend- 
ing said institute, the amount of money received and disbursed by the com- 
mittee and such other information relating to the institute as the com- 
missioner may require ; the secretary may be allowed compensation not 
to exceed ten dollars for making such report and for his services as secre- 
tary, to be paid out of the institute fund of the county, but no other com- 
pensation shall be allowed any officer or member of the executive com- 
mittee ; on failure to make such report, the secretary shall forfeit and 
pay to the state the sum of fifty dollars. (95 v. 238; 1888, April 11 ; 85 
v. 192, 196; Rev. Stat. 1880; 70 v. 195, § 112; S. & S. 709.) 

Blanks for reports are sent to the county auditor for distribution. 

Sec. 4089. [Forfeiture of committee's bond.] Upon the for- 
feiture of the committee's bond, the prosecuting attorney of the county 
shall prosecute an action thereon, in the name of the state, and collect any 
money which the committee may have failed to disburse according to law, 
and any penalty to which the committee may be liable under this chapter, 
and pay the same into the county treasury to the credit of the institute 
fund. (70 v. 195, § 112.) 

Sec. 4090. [When school commissioner may hold institute.] 



182 OHIO SCHOOL LAWS. 



Ch 13. Teachers' Institutes. 



When a teachers' institute has not been- held within two years in any 
county, the commissioner of common schools may hold or cause to be held 
therein such institute ; and the management thereof and all proceedings 
in relation thereto, shall be the same as hereinbefore provided, except 
that the written declaration required shall not be necessary. (70 v. 195,- 

§ 114.) 

Sec. 4091. [Teachers may dismiss school to attend institute; 
compensation for time, when allowed.] All teachers of the public 
schools within any county in which a county institute is held may dis- 
miss their schools for one week for the purpose of attending such insti- 
tute, and when such institute is held while the schools are in session the 
boards of education of all school districts are required to pay the teachers 
of their respective districts their regular salary for the week they attend 
the institute upon the teachers presenting a certificate of full regular 
daily attendance at said institute signed by the president and secretary 
thereof; the same to be paid as an addition to the first month's salary 
after said institute by the board of education by which said teacher is- 
then employed, or in case he is unemployed at the time of the institute, 
then by the board next employing said teacher, provided the term of said 
employment begins within three months after said institute closes. (97" 
v. 377; 70 v. 195, § 117.) 

The circuit court dissolved an injunction granted by the common pleas court restraining a 
board of education from paying the teachers for attendance at an institute while the schools 
were not in session. The case is now before the supreme court for hearing. (Aug. 1, 1906.) 

Section 4091 makes provision for the payment of all teachers who attend teachers' insti- 
tutes, provided that at the time of said attendance they hold a teacher's certificate, and their- 
term of employment begins within three months after said insitute closes. Whether the in- 
stitute is held during the session of school or in vacation is immaterial. Atty. Gen. 

Sec. 4092. [Institutes for city districts; number of days; pay- 
ment of expenses; appropriation by board of education.] The board 
of education of each city school district may provide for holding an. 
institute yearly, for the improvement of the teachers of the common 
schools therein ; and general meetings of the teachers of any such city 
district held upon not less than four days in any year, whether con- 
secutive days or not, for the purpose of instruction, shall be deemed 
to constitute a teachers' institute for said city district within the mean- 
ing of this section ; the expenses of such institute shall be paid from the 
institute fund provided for by section forty hundred and eighty-four; 
and in addition to this fund the board of education of any district may 
expend annually, for the instruction of the teachers of said district in an 
institute or in such other manner as it may prescribe, a sum not to exceed 
five hundred dollars, the same to be paid from its contingent fund ; if 
the board of any district do not provide for such institute in any year, 
it shall cause the institute fund in the hands of the district treasurer 



OHIO SCHOOL LAWS. 183 



Teachers' Institutes. Ch 13. 



for the year to be paid to the treasurer of the county wherein the district 
is situated, who shall place the same to the credit of the county institute 
fund, and the teachers of the schools of such district shall be entitled, in 
such case, to the advantages of the county institute, subject to the pro- 
visions of the preceding section ; and the clerk of the board shall make 
the report of the institute required by section forty hundred and ninety- 
four. (97 v. 378; 90 v. 131 ; 70 v. 195, § 118.) 

Sec. 4093. Repealed 97 v. 379. 

Sec. 4094. [Number of days institutes must continue; reports.]. 
All institutes held under the provisions of this chapter shall continue 
at least four days; and a report of the institute held in pursuance of 
the provisions of section forty hundred and ninety-two shall be made 
to the state commissioner of common schools within five days after the 
adjournment thereof, which shall state the number of teachers in attend- 
ance, the names of the instructors and lecturers, the total expenses of 
the institute, and the portion thereof paid from institute funds, and such 
other information relating to the institute as the commissioner may re- 
quire. (97 v. 378; 1888, April 11; 85 v. 192, 196; Rev. Stat, 1880; 70 
v. 195, §§ ii3» XI 5> n8.) 



184 OHIO SCHOOL LAWS. 



Ch. 13a. State Normal Schools. 



CHAPTER XHIa. 



STATE NORMAL SCHOOLS. 



Section. 

4094-1. State normal schools; location. 
4094-2. Organization, control, instruction. 
4094-3. Repealed. 



Section. 
4094-4. Repealed. 
4094-5. Repealed. 
4094-6. Repealed. 



(4091-1) Sec. 1. [State normal schools; location.] That there 
be and are hereby created and established two state normal schools to 
be located as follows : One in connection with the Ohio university, at 
Athens, and one in connection with the Miami university, at Oxford. 
(95 v - 45> March 12, 1902.) 

(4094-2) Sec. 2. [Organization, control, instruction.] The 
boards of trustees of said universities shall, not later than September, 
1903, organize at their respective institutions a normal school which 
shall be co-ordinate with existing courses of instruction, and shall be 
maintained in such a state of efficiency as to provide proper theoretical 
and practical training for all students desiring to prepare themselves 
for the work of teaching; said normal schools, in each case, being under 
the general charge and management of the respective boards of trustees 
of said universities. (95 v. 45, March 12, 1902.) 

The following sections were repealed by an act which may be found 
in Chap. VI following Sec. 395 1 : . 

(4094-3) Sec. 3. Repealed 98 v. 3:12. 

^4094-4) Sec. 4. Repealed 98 v. 312. 

(4094-5) Sec. 5. Repealed 98 v. 312. 

(4094-6) Sec. 6c Repealed 98 v. 312^ 



OHIO SCHOOL LAWS. 



185 



Colleges and Universities. 



Ch. 14. 



CHAPTER XIV. 



COLLEGES AND UNIVERSITIES. 



Section. 

An act to prevent hazing in educa- 
tional institutions and to punisr 
persons guilty thereof. 
4059. Common council of any municipal 

corporation may accept educational 
trusts. 

4096. How trust funds to be applied. 

4097. Trusteeship to vest in city, etc. 

4098. Board of directors; how appointed. 

4098-1. Appointment of trustees of universi- 
ties in Cincinnati supported by tax- 
ation in whole or in part. 

4099. Powers of board; duties of city so- 

licitor. 

4100. Citizens not to be charged for ad- 

mission of children; non-residents 
may be admitted. 

4101. Accounts of receipts and expendi- 

tures of endowment fund; how 
said fund may be invested. 

4102. When board may confer degrees; 

certain universities defined. 

4103. Site and grounds for universities. 
4194. When and how tax may be levied. 
4105. Trust funds, board of education to 

act as trustee in certain cases; tax 
levy. 

4105-1. Providing for the sale of certain Ohio 
university lands. 

4105-2. Owner to receive deed; form of. 

4105-3. Validity of such deed. 

4105-4. Registry of deed, etc., to be kept. 

4105-5. Proceeds to be deposited in state 
treasury and become irreducible 
trust fund. 

4105-6. Levy and collection of state tax upon 
lands donated to Athens, Ohio, uni- 
versity for use of said university. 

4105-7. Tax in lieu of rents; tax collected 
from railroad companies not to in- 
clude tax on rolling stock. 

4105-8. (Repeal.) 

4105-9. Establishment and name of Ohio 
State University. 

4105-10. Style and powers of trustees. 

4105-11. Further powers and Suties. 

4105-12. Who shall be admitted as pupils. 

4105-13. Prerogative of the trustees. 

4105-14. Officers of the board. 

4105-15. Board may receive devises of land, 
etc. 

4105-16. Title of lands to be vested in the 
state, etc. 

4105-17. Attorney general to be legal adviser 
of the board. 

4105-18. Location of the college; sundry pro- 
visos. 

4105-19. Acceptance of ceded lands. 

4105-20. Compensation for damages to lands 
may be demanded. 

4105-21. Title of lands invested in trustees 
of agricultural college, etc. 

4105-22. Division of unsold lands into tracts, 
etc.; tracts to be numbered and 
appraised. 

4105-23. To be sold at private or public sale; 
contracts of sale to be recorded, 
etc. 

4105-24. Trustees of Ohio State Lfniversity 
may erect residence for faculty. 

4105-25. Acts repealed. 

4105-26. Ohio State TT n iversitv; "stalilishment 
of a school of mines, course of 
study; school apparatus, etc. 



Section. 

4105-27. Employment and duties of instruc- 
tors; cabinet of specimens to be 
kept. 

4105-28. Appropriations. 

4105-29. Support of Ohio State University 
Law School. 

4105-30. Oliio State University department of 
ceramics. 

4501-31. Special instruction. 

4105-32. Laboratory. 

4105-33. Expert. 

4105-34. Appropriations. 

4105-35. Written analysis to be furnished by 
professor of chemistry at agricul- 
tural college. 

4105-36. To be known as "The Ohio State 
University." 

4105-37. To be governed by board of seven 
trustees; how and by whom ap- 
pointed. 

4105-38. Their terms of office; to be paid their 
expenses while engaged in dis- 
charge of duties. 

4105-39. Powers and duties of board. 

4105-40. Collections of specimens. 

4105-41. Meetings of board of trustees. 

4105-42. Report of trustees; when made and 
what to contain; printing and dis- 
tribution of report. 

4105-43. Funds from sale of land-scrip to 
form part of irreducible debt, in- 
terest of same to be paid univer- 
sity. 

4105-44. Board of trustees to fix compensation 
of faculty, teachers, etc. 

4105-45. Branches prescribed at Ohio State 
University. 

4105-46. Computation and investment of in- 
_ terest. 

4105-47. How interest invested. 

4105-48. Trustees of Ohio State University 
authorized to make certain deeds. 

4105-49. Duty of auditor of state. 

4105-50. Relief . of persons who wrongfully 
paid for land in Virginia military 
district; duty of auditor of state 

4105-51. Appropriations. 

4105-52. Costs of obtaining evidence. 

4105-53. Report to general assembly. 

4105-54. Normal and industrial department of 
Wilberforce University. 

4105-55. Board of trustees; appointment by 
governor, etc. 

4105-56. Choosing of trustees by university 
board. 

4105-57. Vacancies. 

4105-58. Names of trustees chosen by univer- 
sity board to be certified to gover- 
nor. 

4105-59. Meetings of trustees; their expenses. 

4105-60. Powers and duties of trustees. 

4105-61. Non-sectarian character of depart- 
ment. 

4105-62. Payment to university of state ap- 
propriations; bond of treasurer. 

4105-63. Annual report, an estimate of appro- 
priations. 

4 105-64. Power of member of general assem- 
bly to designate youth for free ad- 
mission to such department. 

4105-65. Appropriations; application of rev- 
enues. 

4105-66. Annual appropriations for Wilber- 
force University. 



186 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



AN ACT 

To prevent hazing, in educational institutions, and to punish personsguilty thereof. 
Be it enacted by the General Assembly of the State of Ohio: 

Sec. i. That section i of an act entitled "An act to provide 
against the offense of hazing in the colleges and other institutions in the 
state of Ohio, and for the punishment of crimes resulting therefrom," 
passed April 27, 1893, be amended, and supplemented by adding thereto 
section la, so as to read as follows: 

Sec. 1. Whoever being a student or being a person in attendance 
at any public, private, parochial, or military school, college or other edu- 
cational institution conspires to or does engage in the practice of hazing 
or of committing any. act that injures, frightens, degrades or disgraces 
or tends to injure, frighten, degrade or disgrace any fellow student or 
person attending such institution shall be held guilty of a misdemeanor, 
and shall be fined not more than two hundred dollars or imprisoned in 
the county jail not more than six months or both, and in case of fine the 
sentence shall be that the defendant or defendants be incarcerated until 
said fine shall be paid. 

Sec. ia. Whoever being a teacher, superintendent, commandant 
or other person or persons in charge of any public, private, parochial 
or military school, college or other educational institution shall know- 
ingly permit any act of hazing or of attempting to haze, injure, frighten, 
degrade or disgrace any person attending the institution in which he 
is in such charge shall be guilty of a misdemeanor and he shall be fined 
not more than one hundred dollars. 

Sec. 2. That said section 1 of an act entitled "An act to provide 
against the offense of hazing in the colleges and other institutions in 
the state of Ohio, and the punishment of crimes resulting therefrom," 
be and the same is hereby repealed. (98 v. 124.) 

Sec. 4095. [Common council of any municipal corporation may. 
accept educational trusts.] The board of directors of the university, 
college or other educational institution of any municipal corporation, in 
the name and on behalf of such corporation, may accept and take any 
property or funds heretofore or hereafter given to such corporation for 
the purpose of founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such terms, con- 
ditions and trusts not inconsistent with law as the said board of directors 
may deem expedient and proper for that end. (97 v. 541; 92 v. 358; 
67 v. 86, § 1.) 

Sec. 4096. [How trust funds to be applied.] For the further 



OHIO SCHOOL LAWS. 187 



Colleges and Universities. Ch. 14. 



endowment, maintenance and aid of any such university, college or in- 
stitution heretofore or hereafter founded, the board of directors thereof 
may, in the name and in behalf of such municipal corporation, accept 
and take as trustee and in trust for the purposes aforesaid any estate, 
property or funds which may have been or may be lawfully transferred 
to the municipal corporation for such use by any person, persons or 
body corporate having the same, or any annuity or endowment in the 
nature of income which may be covenanted or pledged to the municipal 
corporation, towards such use by any person, persons or body corporate; 
and any person, persons or body corporate having and holding any estate,, 
property or funds in trust or applicable for the promotion of education, 
or the advancement of any of ihe arts or sciences, may convey, assign 
and deliver the same to such municipal corporation as trustee in 'his, 
their or its place, or covenant or pledge its income or any part thereof 
to the same; and any such estate, property, funds or income shall be 
held and applied by such municipal corporation in trust for the further 
endowment, maintenance and aid of such miversity, college or institu- 
tion, in accordance nevertheless with the terms and true intent of any 
trust or condition upon which the same was originally given or held. 
(97 v. 542; 92 v. 358; 67 v. 86, § 2.) 

Sec. 4097. [Trusteeship to vest in city, etc] Upon such trans- 
fer and the acceptance thereof by the municipal corporation and its 
successors, as trustees shall become and be perpetually obligated and 
held to obeserve and execute such trust in all respects according to any 
other or further terms or conditions lawfully agreed upon at the time 
of such transfer and acceptance; and any court having jurisdiction 
of the appointment of trustees of such trust for educational purposes, 
may, in a proceeding for that purpose duly instituted and had, ap- 
point and constitute such municipal corporation with the consent of 
its council, trustee of the estate, property and fun J 3 so transferred 
to it, and may dispense with bond and surety upon the part of the 
municipal corporaton for the performance of such trust, unless the 
same is required by the original terms or conditions thereof, and shall 
upon the due transfer and acceptance of such trust by the municipal 
corporation, release and fully discharge the trustee, or trustees so trans- 
ferring the same; and any acceptance or acceptances by such municipal 
corporation of any or all property, funds, rights, trust estate or trusts 
heretofore given, granted, assigned, or otherwise conveyed or trans- 
ferred to, or bestowed upon any such municipal orporation or to or 
upon any such university, college or institution in good faith, and which 
are still held and retained by such municipal corporation, or any such 
university, college or institution, shall be held and deemed to be valid 
and binding as to all parties. (97 v. 542; 67 v. 86, § 2.) 



188 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



Sec. 4098. [Board of directors; how appointed.] The custody 
and management of any and all estates, property, or funds so given, 
or transferred in trust to said city, and the entire administration of 
any and all such trusts so accepted by the common council thereof, 
and any university, college, or institution for the promotion of edu- 
cation heretofore or hereafter so founded in or by said city, except 
the common and high schools thereof, shall be committed to a board 
of nineteen directors, of whom the mayor of the city shall be one, 
and the others shall be appointed by the common council from per- 
sons of approved learning, discretion, and fitness for the office, six 
of whom shall be appointed from persons nominated to the common 
council by the board of education of the city, and twelve from per- 
sons nominated to the common council by the superior court of said 
city, if there be such court ; the term of office of each director shall 
be six years. Such directors shall serve until the election or qualifi- 
cation of their successors ; and any vacancy in the board caused by 
expiration of term, resignation, removal, or any other cause, shall be 
filled by appointment herein provided for the unexpired term. The 
board of directors shall, at the first regular meeting in January, elect 
a chairman, who is hereby authorized to administer the oath of office 
to any director so appointed. (1889, April 13; 86 v. 292; 78 v. 178; 
Rev. Stat. 1880; 67 v. 86, § 3.) 

Cited as illustrating the appointing power in courts, 52 O. S., 419, 452. 

(4098-1). [Appointment of trustees of universities in Cincinnati 
supported by taxation in whole or in part.] In cities of the first 
grade of the first class all vacancies in the board of directors or trus- 
tees of universities supported in whole or in part by public taxation 
upon the property of such city, shall be filled by appointment by the 
judge or judges of the superior court of such cities where the same 
have a court; otherwise by the judge or judges of the common pleas 
court of the county in which such cities are located. (89 v. 31.) 

Sec. 4099. [Powers of board; duties of city solicitor.] As to 
all matters not herein or otherwise provided by law, such board of 
directors shall have all the authority, power and control vested in or 
belonging to such municipal corporation as to the management and 
control of the estate, property and funds, given, transferred, coven- 
anted or pledged to the municipal corporation for the trusts and pur- 
poses aforesaid, and the government, conduct and control such uni- 
versity, college or institution ; it may appoint a clerk and all agents 
proper and necessary for the care and administration of the trust prop- 
erty, and the collection of the income, rents and profits thereof ; it 
may appoint the president, professors, tutors, instructors, agents and 



OHIO SCHOOL LAWS. 189 

Colleges and Universities. Ch. 14. 

servants necessary and proper for such university, college or institu- 
tion, and fix their compensation ; it may provide all the necessary build- 
ings, books, apparatus, means and appliances, and may pass all such 
by-laws, rules and regulations concerning the president, professors, 
tutors, instructors, agents, and servants, and the admission, govern- 
ment and tuition of students, as it may deem wise and proper, and it 
may, by suitable by-laws, delegate and commit the admission, govern- 
ment, management and control of the students, courses of studies, dis- 
cipline and other internal affairs of such university, college or institu- 
tion, to a faculty which the board of directors may appoint from among 
the professors. 

The solicitor of such municipal corporation shall, whenever re- 
quested so to do by resolution of said board, prosecute and defend, 
as the case may be, for and in behalf of the corporation, all complaints,, 
suits and controversies in which the corporation or such board is a 
party, and which relate to any property, funds, trusts, rights, claims, 
estate or affairs, which shall or may be under the control or direction 
of said board, or which shall, in any manner, relate to the conduct or 
government of such university, college or institution. (97 v. 542; 67 
v. 86, § 3.) 

Sec. 4100. [Citizens not to be charged for admission of children; 
non-residents may be admitted.] Citizens of such municipality shall 
not be charged for instruction in the academic department, except in 
professional courses therein. Such board of directors may charge fees 
to students in other departments and to students in professional courses 
in the academic department, and shall have power in its discretion 
from time to time to make such university, college or institution free 
in any or all of its departments to citizens of such county in which 
such university, college or institution may be located. The board of 
directors may in their discretion receive other students on such terms 
as to tuition or otherwise as they may see fit. (97 v. 543 ; 92 v. 359 ; 
67 v. 86, § 3.) 

Sec. 4101. [Accounts of receipts and expenditures of endowment 
fund; how said fund may be invested.] The accounts of such trust 
estate, property and funds, and of the income and expenditure thereof, 
shall be kept by the auditor of such municipal corporation entirely 
distinct from all other accounts or affairs of the municipal corporation, 
and the moneys shall be kept by the treasurer of the municipal cor- 
poration distinct from other moneys. And the said board of directors 
shall, at all times, confine their disbursements for current expenses 
within the income of the trust, estate, property and funds, and shall 
annually report to the mayor and council of such municipal corpora- 



190 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



tion a full statement of the accounts of administration of such trust 
and other funds ; and said board of directors is hereby authorized to 
invest any part of the funds belonging to, or set apart for the use of 
such university, college or institution, or to any department thereof, 
as it may, from time to time, deem proper, in bonds of the United 
States or of the State of Ohio, or of any municipal corporation in the 
State of Ohio, or any county or school district in the State of Ohio, 
or in any other bonds or first mortgage securities approved by the 
board of directors; and said board is further authorized to use any 
funds under its control for the improvement of real estate belonging 
to, or set apart for the use of, such university, college or institution. 
(97 v. 543; 1883, March .29: 80 v. 86; Rev. Stat. 1880; 67 v. 86, § 3.) 

Sec. 4102. [When board may confer degrees ; certain universities 
defined.] The board of directors of such university, college or in- 
stitution, may, upon the recommendation of the faculty thereof, confer 
such degrees and honors as ,are customary in universities and colleges 
in the United States, and such others as with reference to the course 
of studies and attainments of the graduates in special departments 
it may deem proper. 

A university supported in whole or in part by municipal taxation, 
is hereby defined as an assemblage of colleges united under one or- 
ganization or management, affording instruction in the arts, sciences 
and the learned professions, and conferring degrees. (97 v. 544; &j 
v. 86, § 4.) 

Sec. 4103. [Site and grounds for universities.] The council of 
any such municipal corporation may set apart, or appropriate as a site 
for the buildings and grounds of any such university, college or institu- 
tion, any public grounds of the city not especially appropriated or 
dedicated by ordinance to any other use, any other law to the contrary 
notwithstanding; and the board of education of any such municipal 
corporation may also, for a like purpose, set apart, convey or' lease 
for a term of years, any grounds or building owned or controlled by 
such board of education. Any grant for the use of such grounds or 
buildings heretofore or hereafter made by any council or board of 
education, may be modified, changed or extended as to the time when 
the same shall take effect and be in force, or otherwise, by agreement 
between said council, or board of education, and the board of directors 
of such university, college or institution, and said council shall be taken 
and held to be the representative of such municipal corporation vested 
with the title, right of possession and entire control of such property 
for the purpose of a new grant. (97 v. 544; 89 v. 251; 82 v. 121 ; 
Rev. Stat. 1880; 67 v. 86, § 5.) 



OHIO SCHOOL LAWS. 191 



Colleges and Universities. Ch. 14. 

Sec. 4104. [When and how tax may be levied for universities in 
municipal corporations; astronomical observatory.] The council may 
assess and levy annually taxes on all the taxable property of such mu- 
nicipal corporation to the amount of five-tenths of one mill on the dollar 
valuation thereof, to be applied by said board to the support of such 
university, college or institution, and may also levy and assess annu- 
ally five one-hundredths of one mill on the dollar valuation thereof,, 
for the establishment and maintenance of an astronomical observatory, 
or for other scientific purposes, to be determined by the board of direc- 
tors and to be used in connection with such university, college or insti- 
tution, the proceeds of which shall be applied by the board of directors 
for such purposes exclusively ; provided, however, that the taxes speci- 
fied in this section shall only be levied and assessed when the chief 
work of such university, college or institution is the maintenance of 
courses of instruction, in advance of, or supplementary to, the instruc- 
tion authorized to be maintained in high schools by boards of educa- 
tion. Said levies shall be made by council at the same time, and in the 
same manner as other levies for other municipal purposes, and shall 
be certified by council and placed upon the tax duplicate in the same 
manner as other municipal levies. The funds of any such university, 
college or institution shall be paid out by the treasurer upon the order 
of the board of directors and the warrant of the auditor. (98 v. 128; 
97 v. 544; 94 v. 399; 90 v. 150; 67 v. 86, § 5; 75 v. 133, § 1.) 

Sec. 4105. [Trust funds, board of education to act as trustee 
in certain cases; tax levy.] The custody, management and adminis- 
tration of any and all estates or funds, given or transferred in trust 
to any municipality for the promotion of education, and accepted by 
the council thereof, and any institution for the promotion of educa- 
tion heretofore or hereafter so founded other than a university as defined 
by this act, shall be committed to, and exercised by, the board of edu- 
cation Of the school district including such municipality, and such board 
of education shall be held the representative and trustee of such munici- 
pality in the management and control of such estates and funds so 
held in trust and in the administration of such institution, excepting 
always such funds and estates held by any municipality which are 
used to maintain a university as defined by this act. And for the uses 
and purposes of such board of education in administering such trusts, 
the council of such municipality may annually levy taxes on all the tax- 
able property of such municipal corporation to the amount of three- 
tenths of one mill on the dollar valuation thereof. (97 v. 545 ; 94 v. 
241 ; 70 v. 117, § 1.) 



192 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



OHIO UNIVERSITY. 
Members of legislature not eligible to be trustees. See Sec. 18-1, R. S. 

(4105-1) Sec. 1. [Providing for sale of university lands.] The 
owner of the lands or town lots held under leases from the president and 
trustees of the Ohio University, or held under sale-leases or assignments 
by or under the original lessees, may pay to the treasurer for the time 
being of said university, such sum of money, as being put at interest at 
six per cent, will yield the amount of rent reserved in the original lease, or 
in case of a division of the original tract or parcel leased, will equal the 
proper aliquot part thereof, or the part agreed upon by the several 
owners ; providing, that such person so surrendering and releasing to 
said corporation shall pay the necessary expenses incident to such change 
of tenure, and procure the services of an agent to perform the necessary 
labor thereof ; and upon payment of such sum and of all rents due upon 
the land, the treasurer aforesaid shall, on demand of such owner, give 
him a certificate of such payment. (80 v. 193.) 

(4105-2) Sec. 2. [Owner to receive deed; form of.] That such 
owner, upon such payment, shall be entitled to receive a deed of con- 
veyance for such land by him owned, to be signed by the president of 
said corporation, countersigned by its secretary, and sealed with the cor- 
porate seal of the university, conveying the premises in fee simple to such 
owner, or such owner may, at his option, demand and receive a certificate 
as aforesaid ; and the governor of Ohio, upon presentation thereof, shall 
execute and deliver to such owner, a deed in due form of law conveying 
the premises in fee simple to such owner. (80 v. 193.) 

(4105-3) Sec. 3. [Validity of such deed.] That either of such 
deeds, so made, shall have the effect in law and in fact to vest in the 
grantee an absolute estate in fee simple in the premises, subject, however, 
to all liens, equities, or rights of third persons in, to or upon the prem- 
ises. (80 v. 193). 

(4105-4) Sec. 4. [Registry of deed, etc., to be kept.] It shall 
be the duty of such secretary to keep an accurate registry of all such pay- 
ment, certificates and deeds, with an accurate description of the tract or 
lot of land so paid for or deeded ; and thereafter, the lands so deeded shall 
be subject to taxation, in like manner as other freehold estates in said 
county ; and the original leases therefor, in so far as regards the land so 
deeded, shall cease to have force or effect. (80 v. 193.) 

(4105-5) Sec. 5. [Proceeds to be deposited in state treasury, and 
become irreducible trust fund.] That it shall be the duty of the treas- 
urer of the Ohio University, on or before the first day of January, next, 
after said receipt of money, to deposit the same in the state treasury upon 



OHIO SCHOOL LAWS. 193 



Colleges and Universities. Ch. 14. 



the certificate of the state auditor, and the sum so deposited shall be added 
to the irreducible trust funds held by the state for education purposes, 
and interest thereon shall be paid semi-annually to the treasurer of said 
university, upon the requisition of the state auditor. (80 v. 193.) 

(4105-6) Sec. 1. [Levy and collection of state tax upon lands 
donated to Athens University for use of said university.] Hereafter a 
state tax or a tax equal to the state tax upon like property, shall be 
levied and collected upon all lands donated to the Ohio University, situ- 
ated at Athens, Ohio, and held by lease from said university or by deed 
from the governor or the said university, including such parts of said 
lands as are or may be owned, occupied or used by railroad companies 
as roadbeds, roadways, station houses, or for other purposes ; and the 
said taxes when collected shall be paid over by the treasurer of Athens 
county, upon the warrant of the auditor of said county, to the treasurer of 
the Ohio University, for its use. (82 v. 115.) 

(4105-7) Sec. 2. [Tax in lieu of rents; tax collected from rail- 
road companies not to include tax upon rolling stock.] That the tax 
so to be collected upon lands so held by lease, shall be in lieu of so much 
of the rents due to the university ; and the tax so to be collected from 
railroad companies, and paid to the university, shall not include the tax 
upon rolling stock. (82 v. 115.) 

(4105-8) Sec. 3. [Repeal.] That the act entitled "an act to re- 
fund to the Ohio University certain funds in the state treasury, and to 
provide for the future payment of the claims of said university," passed 
March 25, 1875, be and is hereby repealed, saving however, all rights 
vested or required under said act. (82 v. 115.) 

OHIO STATE UNIVERSITY. 

Right of way through Ohio University lands granted to the Lake Erie and Southern 
R'y. 88 v. 317. 

Right of way through same along Olentangy river granted to Columbus for a street. 
89 v. 301. 

Acceptance of congressional appropriation of part of proceeds of sales of public lands to 
certain colleges and designating the treasurer of the Ohio State University to receive such 
moneys. 88 v. nl9. 

Professor of physics to have charge of standards of weights and measures; Sec. 142, R. S. 

Member of legislature not eligible to be trustee; Sec. 18-1, R. S. 

State forestry bureau established at the State University; Sec. 409-15, R. S. 

(4105-9) Sec. 1. [Establishment and style of college.] A col- 
lege, to be styled the Ohio Agricultural and Mechanical College, is hereby 
established in this state, in accordance with the provisions of an act of 
congress of the United States, passed July 2d, 1862, entitled "an act do- 
nating public lands to the several states and territories which may pro- 
vide colleges for the benefit of agricultural and mechanic arts," and said 
college to be located and controlled as hereinafter provided. The leading 

13 0. s. L. 



194 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



object shall be, without excluding other scientific and classical studies, 
and including military tactics, to teach such branches of learning as are 
related to agricultural and mechanic arts. (67 v. 20.) 

Name changed to Ohio State University; see Sec. 4105-37. 

(4105-10) Sec. 4. [Style and powers of trustees.] The trustees 
and their successors in office shall be styled the "Board of trustees of the 
Ohio Agricultural and Mechanical College," with the right as such, of 
suing and being sued, of contracting and being contracted with, of mak- 
ing and using a common seal, and altering the same at pleasure. (67 v. 
20.) 

Trustees — number and terms of, powers and duties; see Sec. 4105-38. 

(4105-11) Sec. 5. [Further powers and duties.] The board of 
trustees shall have power to adopt by-laws, rules and regulations for the 
government of said college; to elect a president; to determine the num- 
ber of professors and tutors, elect the same, and fix their salaries. They 
shall also have power to remove the president or any professor or tutor 
whenever the interests of the college, in their judgment, shall require; to 
fix and regulate the course of instruction, and to prescribe the extent and 
character of experiments to be made. (67 v. 20.) ; 

(4105-12) Sec. 7. [Who shall be admitted as pupils.] The col- 
lege shall be open to all persons over fourteen years of age, subject to 
such rules and regulations and limitations, as to numbers from the sev- 
eral counties of the state, as may be prescribed by the board of trustees ; 
provided, that each county shall be entitled to its just proportion, accord- 
ing to its population. The board may provide for courses of lectures, 
either at the seat of the college or elsewhere in the state, which shall be 
free to all. (67 v. 20.) 

(4105-13) Sec. '8. [Prerogative of the trustees.] The board of 
trustees shall have the general supervision of all lands, buildings, and 
other property belonging to said college, and the control of all expenses 
therefor ; provided, always, that said board shall not contract any debt 
not previously authorized by the general assembly of the state of Ohio. 
(67 v. 20.) 

(4105-14) Sec. 9. [Officers of the board.] The board of trustees 
shall annually elect one of their number chairman, and in the absence 
of the chairman shall elect one of their number temporary chairman, and 
shall have power to appoint a secretary, treasurer, and librarian, and such 
other officers as the interests of the college may require, who may or may 
not be members of the board ; and shall hold their offices for such term as 
said board shall fix, subject to removal by said board, and shall receive 
such compensation as the board shall prescribe. The treasurer shall, be- 
fore entering upon the duties of his office give bond to the state of Ohio 



OHIO SCHOOL LAWS. 195 



Colleges and Universities. Ch. 14. 



in such sum as the board may determine, which bond shall not be for a 
less sum than the probable amount that will be under his control in any 
one year, conditioned for the faithful discharge of his duties and the pay- 
ment of all moneys coming into his hands, said bond to be approved by 
the attorney general of the state. (67 v. 20.) 

(4105-15) Sec. 11. [Board may receive devises of land, etc.] The 
board of trustees shall have power to receive, and hold in trust, for the 
use and benefit of the college, any grant or device of land, and any 
donation or bequest of money or other personal property, to be applied 
to the general or special use of the college ; all donations or bequests of 
money shall be paid to the state treasurer, and invested in the same man- 
ner as the endowment fund of the college, unless otherwise directed in 
the donation or bequest. (67 v. 20.) 

(4105-16) Sec. 13. [Title of lands to be vested in the state, etc.] 
The title for all lands for the use of said college, shall be made in fee 
simple to the state of Ohio, with covenants of seizin and warranty, and no 
title shall be taken to the state for the purposes aforesaid until the attor- 
ney general shall be satisfied that the same is free from all defects and in- 
cumbrances. (67 v. 20.) 

(4105-17) Sec. 15. [Attorney general to be legal adviser of the 
board.] The attorney general of the state shall be the legal adviser 
of said board of trustees, and he shall institute and prosecute all suits in 
behalf of the same, and shall receive the same compensation therefor as 
he is entitled to by law for suits brought in behalf of the asylums of the 
state. (67 v. 20.) 

(4105-18) Sec. 17. [Location of the college; sundry provisos.] 
It shall be the duty of the board of trustees to permanently locate said 
agricultural and mechanical college upon lands, not less than one hundred 
acres, which in their judgment is best suited to the wants and purposes 
of said institution, the same being reasonably central in the state, and 
accessible by railroad from different parts thereof, having regard to 
healthiness of location, and also regarding- the best interests of the col- 
lege in the receipt of moneys, lands, or other properties donated to said 
college by any county, town, or individual, in consideration of the loca- 
tion of said college at a given place ; provided, it shall require a three- 
fifths vote of the trustees to make said location ; and, provided further, 
that said location shall be made on or before the fifteenth day of October, 
1870; provided, further, that any person acting as a trustee, who shall 
accept or receive, directly or indirectly, any sum or amounts from any 
person or persons, to use their influence in favor of the location of said 
college at any particular point or place, shall be held to be guilty of a 
misdemeanor, and on conviction thereof by any court of competent juris- 
diction, shall be fined in anv sum not less than one thousand nor more 



196 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



than ten thousand dollars ; provided, further, that in the location of said 
college the said trustees shall not in any event incur any debt or obliga- 
tion exceeding forty thousand dollars ; and if, in their opinion, the inter- 
ests of the college cannot be best promoted without a larger expenditure 
for the location than that sum, then they may delay the permanent loca- 
tion of the same until the third of Monday of January, 1871, and report 
their proceedings and conclusions to the general assembly ; provided, 
further, that said college shall not be located until there are secured 
thereto for such location, donations in money, or unincumbered lands, at 
their cash valuation, whereon the college is to be located, or in both 
money and such lands, a sum equal to at least one hundred thousand dol- 
lars. (67 v. 120.) 

This act is not in conflict with Sec. 1, Art. XIII, of the Constitution. 31 O. S., 15, 21. 

(4105-19) Sec. 1. ] Acceptance of ceded lands. [ The unsurveyed 
and unsold lands ceded to the state of Ohio by a certain act of congress 
of the United States, approved February 18, 1871, situate and being in 
the Virginia Military district between the great Scioto and the Little 
Miami rivers in said state, be and the same are hereby accepted by the 
state of Ohio, subject to the provisions of said act. (70 v. 107.) 

Construction of this act and rights of occupants. 52 O. S., 567. 

The cession covered all the title the United States had to and in these lands, and all it 
could convejr. 2 C. C, 86. 

(4105-20) Sec. 2. [Compensation for damages to lands may be 
demanded, etc.] The trustees of the Ohio agricultural and mechan- 
ical college are hereby authorized to demand from all persons who have 
destroyed or converted any timber growing upon the lands ceded to the 
state of Ohio, as stated in the act to which this is supplementary, since 
the date of said act of Congress ceding said lands to the state of Ohio, 
full compensation for the timber so destroyed or converted, and for all 
damages, and if payment shall be refused, to institute proper proceedings 
in the name of said Ohio Agricultural and Mechanical College, in any 
court of competent jurisdiction, to recover the same with damages and 
costs of suit ; provided, that the provisions of this section shall not apply 
to timber taken from the one hundred and sixty acres by any person 
who shall obtain the title to the same under section three of this act. 
(70 v. 107.) 

(4105-21) Sec. 3. [Title of lands invested in trustees of agricul- 
tural college, etc.] The title of said lands is hereby vested in the 
trustees of the Ohio Agricultural and Mechanical College for the benefit 
of said college ; and said trustees are hereby required to cause a complete 
survey of said lands to be immediately made, and a correct plat thereof 
to be returned to said trustees, and to ascertain and set off, in reasonably 



OHIO SCHOOL LAWS. 197 



Colleges and Universities. Ch. 14. 



compact form, by accurate boundaries to each occupant who was in actual 
possession of and living- upon any of said lands at the time of the passage 
of said act of Congress, as provided therein, or their heirs and assigns, 
a tract not exceeding forty acres ; and upon the payment, by the claimant, 
of the cost of surveying and making the deed, the said trustees shall 
make and deliver to said claimant a deed for said tract ; and if any such 
occupant shall have been in such actual possession of more than forty 
acres, and is desirous of holding the same, he shall be entitled to have 
in addition to said forty acres, any number of acres not exceeding, with 
said forty acres, the number of one hundred and sixty acres, to be in 
reasonably compact form, by paying for the said excess over forty acres, 
the sum of one dollar per acre ; and if any claimant under the provisions 
of this act shall desire to purchase any tract of land adjoining said forty 
acres, not exceeding, including said forty acres, the amount of one hun- 
dred and sixty acres, of which said claimant shall have been in actual 
possession, but does not desire to purchase the same at one dollar per 
acre, said, trustees, upon notice by said claimant, shall cause said tract 
or part of tract to be sold separate from other tracts of land at a valua- 
tion fixed upon by the appraisers named in this act, payable one-third 
at the date of the survey, and the residue in two equal annual install- 
ments, with interest at six per cent., payable annually, and upon full 
payment being made with the cost of survey and conveyance, said trus- 
tee shall make and deliver to such claimant, his or her heirs or assigns, 
a deed for said excess over said forty acres ; provided, that any person 
claiming the benefit of the provisions of this section as occupant, shall 
comply in all respects with, and be subject to the provisions of the thir- 
teenth section of the act of Congress, approved September 4, 1841, enti- 
tled an act to appropriate the proceeds of the sales of the public lands 
and to grant pre-emption rights, and to the rules and regulations of the 
general land office of the United States relating to proof for the estab- 
lishment of pre-emptor's claims ; provided, however, that the affidavit 
required by said thirteenth section of said act of Congress may be made 
before any justice of the peace or other officer authorized to administer 
oaths. (70 v. 107.) 

(4105-22) Sec. 4. [Division of unsold lands into tracts, etc.; 
tracts to be numbered and appraised.] All the unsurveyed and un- 
sold lands in said military district, not occupied as aforesaid, shall be 
divided by said trustees into such tracts, not exceeding five hundred 
acres in any one boundary, as will lie most advantageous, reference 
being had to the quality of said lands and the uses to which they will 
be applied; the boundaries to all such tracts and divisions shall be accu- 
rately surveyed, and the lines, of each tract plainly marked, and sub- 



198 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



stantial stone monuments firmly placed at the principal corners. The 
character of the soil, water courses, elevation of hills, timber, ledges, 
or stratas of the Waverly building stone, iron ore, fire clay, and lime- 
stone, shall be fully noted by the surveyors on their plats and in their 
field books. All the tracts so divided and surveyed shall be numbered 
in consecutive order, commencing with the tracts in Adams county, and 
so continuing until all said lands in said district shall be platted and 
numbered ; which number shall be shown upon the plats, and the said 
plats shall correctly indicate all township lines. The said lands, when so 
divided, surveyed and numbered, shall be appraised in separate tracts 
at their true value in money, by three qualified freehold residents in said 
state, to be summoned by said trustees, or any committee of theirs. Said 
appraisers before entering upon their duties, shall take and subscribe 
an oath before competent authority honestly and impartially to appraise 
all such lands, and to perform all other duties in relation thereto ; they 
shall each be paid two dollars a day for their services, and their ex- 
penses allowed them ; they shall make due return of all their appraise- 
ments to said trustees, which, with all said plats and surveys, shall be 
delivered by them to the auditor of state, and the same shall be recorded 
in the office of said auditor in suitable books to be provided for such 
purpose ; which, with all such original plats, surveys, and papers, shall 
form a part of the public records of the state in the land department of 
said office. (70 v. 107.) 

(4105-23) Sec. 5. [To be sold at private or public sale; con- 
tracts of sale to be recorded, etc.] And the said trustees are hereby 
authorized and required to sell all of said lands at public or private sale, 
at a price not less than the appraised value thereof, on such terms for 
cash and credit as may be agreed upon between the purchaser and said 
trustees, or any authorized agent of theirs ; provided, that the first pay- 
ment shall, in every case, be not less than one-third of the appraised 
value of such tract; all deferred payments shall bear six per cent, in- 
terest, to be paid annually, and said trustees may, in their discretion, 
extend subsequent annual payments through a period not exceeding five 
years. All public sales of said lands shall be by auction, at the front 
door of the court house of the county in which these lands so offered lie, 
after having been advertised five consecutive weeks in a newspaper pub- 
lished and generally circulated in such county ; such notices of sale shall 
contain a sufficient description of the premises to clearly identify the 
same, with a statement of the terms of payment and the amount of ap- 
praisement, and all such public sales shall be made at such times as said 
trustees shall deem expedient ; and in case such land or any tract thereof 
shall not sell for the amount of the appraisement at such public sale, 



OHIO SCHOOL LAWS. 19£ 



Colleges and Universities. Ch. 14. 



then upon the same being again offered as aforesaid at public sale, the 
same may be sold for any sum not less than three-fourths of the appraise- 
ment ; provided, that no trustee of said college or appraiser of said land 
shall be the purchaser of any of said lands at any such sale or sales, 
either directly or indirectly. The said trustees shall cause all contracts 
for the sale of said lands to be printed or written in a book or books, 
stating the consideration and terms of all sales, which said contracts 
shall be signed in duplicate by the said trustees or any authorized agent 
of theirs, and by the purchaser or purchasers, one copy of which shall 
be preserved in said book, and the other shall be delivered to the pur- 
chaser at the time the same shall be signed ; and every purchaser shall 
execute his promissory note or notes, with interest, payable as aforesaid, 
for all deferred payments, which notes shall be non-negotiable, and pay- 
able to said college at such place or places as may be directed by said 
trustees ; and upon full payment being made by the purchaser, his heirs 
or assigns, for any such land, every such person shall be entitled to re- 
ceive a conveyance therefor in fee simple by deed of said trustees, executed 
by the president of the board, under the corporate seal of said college ; and 
all lands disposed of under the provisions of this act, shall be returned by 
said trustees to the auditor of the counties in which they are situate, and 
by them be placed on the duplicate for taxation. (70 v. 107.) 

(4105-24) [Trustees of Ohio State University may erect resi- 
dences for faculty.] The proceeds of the sales of such lands, or so 
much thereof as may be necessary, after the payment out of the same 
of all the necessary expenses of survey and sale remaining uncertified 
into the treasury of said state, may be used by said trustees in building 
and maintaining upon the lands of said university a suitable number of 
houses, adapted to use as family residences, for the use of members of 
the faculty of said university, for which use a fair and reasonable rent 
shall be paid to said university. Said buildings shall be erected under 
the provisions of title six of the Revised Statutes of Ohio ; and the said 
trustees shall annually report to the governor a detailed statement of 
receipts and disbursements in the execution of the trusts under the pro- 
visions of this act. (1882, April 17; 79 v. 144; Rev. Stat., 1880; 70 v. 
107) 

(4105-25) Sec. 7. [Acts repealed.] The act entitled an act to 
sell lands ceded to the state of Ohio by the Congress of the United 
States by act of Congress, approved February 18, 1871, passed March 
26, 1872, and the act supplementary thereto and amendatory thereof,, 
passed April 29, 1872, be and they are hereby repealed ; provided, that 
the passage of this act shall in no wise affect the validity of the transac- 
tions of said board of trustees, or rights vested in any person, under the 



200 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



provisions of said acts ; and this act shall take effect and be in force 
from and after its passage. (70 v. 107.) 

(4105-26) Sec. 1. [Ohio State University; establishment of a 
school of mines; course of study; apparatus, etc.] The trustees of 
the Ohio State University be and they are hereby required to establish 
in said university, a school of mines and mine engineering, in which shall 
be provided the means for studying scientifically and experimentally the 
survey, opening, ventilation, care and working of mines ; and said school 
shall be provided with a collection of drawings, illustrating the manner 
of opening, working, and ventilating mines, and with the necessary in- 
struments for surveying, measuring air, examining and testing the noxious 
and poisonous gases of mines, and also with the models of the most im- 
proved machinery for ventilating and operating all the various [kinds] 
of mines with safety to the lives and health of those engaged. Said 
school shall also be provided with complete mining laboratories for the 
analysis of coals, ores, fire clays and other minerals, and with all the 
necessary apparatus for testing the various coals, ores, fire clays, oils, 
gases, and other minerals. (1888, April 4; 85 v. 155; Rev. Stat., 1880; 
74 v. 216.) 

(4105-27) Sec. 2. [Employment and duties of instructors; cabi- 
net of specimens to be kept.] Said trustees shall employ compe- 
tent persons to give instruction in the most improved and successful 
methods of opening, [and operating] surveying and inspecting mines, 
including the methods and machinery employed for extracting coal, ore, 
fire clay, oil, gas and other minerals from the pit's mouth and for facili- 
tating the ascent and descent of workmen, the draining and freeing of 
mines from water, the causes of the vitiation of air, the quantities of 
fresh air required under various circumstances, natural ventilation, me- 
chanical ventilation by flues and fans, and other ventilating machinery, 
the use of air engines, air compressors and coal cutting machinery ; also 
instruction in the various uses of coals, ores, fire clays, oils, gases and 
other minerals, and the methods of testing, analyzing and assaying such 
minerals ; also the methods employed in metallurgical and other pro- 
cesses in the reduction of ores and in determining the qualities of metals, 
particularly iron and steel, as shown by practical and laboratory tests ; 
and there shall be kept in a cabinet properly arranged for ready reference 
and examination, suitably connected with said school of mines samples 
of the specimens from the various mines in the state, which may be sent 
for analysis, together with the names of the mines and their localities in 
the counties from which they were sent, and the analysis and a state- 
ment of their properties attached (it shall also be his duty to furnish 
analysis of all minerals found in the state and sent to him for that pur- 



OHIO SCHOOL LAWS. "201 



Colleges and Universities. Ch. 14. 



pose by residents of this state. (1888, April 4; 85 v. 155; Rev. Stat., 
1880; 74 v. 216.) 

(4105-28) Sec. 3. [Appropriation.] There is hereby appro- 
priated out of the general revenue fund the sum of three thousand 
five hundred dollars to be expended in the equipment, support and 
maintenance of said school of mines as provided for in the first and 
second section of this act. (1888, April 4; 85 v. 155; Rev. Stat. 1880; 
74 v. 216.) 

(4105-29) Sec. 1. [Support of Ohio State University law school.] 
The board of trustees of the Ohio State University are hereby author- 
ized and empowered to appropriate annually, for the period of ten years, 
to the support and maintenance of the school of law of the Ohio State 
University, out of the fund derived under section 3951 of the Revised 
Statutes of Ohio, amended March 20, 1891 (88 O. L., 159), a sum 
not exceeding five thousand dollars, in addition to the sum derived from 
the tuition fees of the students in said school of law. (90 v. 253.) 

(4105-30) Sec. 1. [Ohio State University department of ceram- 
ics.] The trustees of the Ohio State University be and they are 
hereby required to establish in said university a department of ceram- 
ics, equipped and designed for the technical education of clay, cement 
and glass workers, in all branches of the art which exist in this state, 
or which can be profitably introduced and maintained in this state 
from the mineral resources thereof, including the manufacture of earth- 
enwares, stonewares, yellowwares, whitewares, china, porcelain and 
ornamental pottery, also the manufacture of sewer pipe, fireproofing, 
terracotta, sanitary clay wares, electric conduits and specialties, fire- 
bricks and all refractory materials, glazed and enameled bricks, pressed 
bricks, vitrified paving material, as well as the most economic methods 
in the production of the coarser forms of bricks used for building 
purposes ; also the manufacture of tiles used for paving, flooring, deco- 
rative wall-paneling, roofing and draining purposes, also the manu- 
facture of cement, concrete, artificial stone and all kinds of glass pro- 
ducts and all other clay industries represented in our limits. (91 v. 164.) 

(4105-31) Sec. 2. [Special instruction.] Said department shall 
offer special instruction to clay workers on the origin, composition, 
properties and testing of clays, the selection of materials for differ- 
ent purposes, the mechanical and chemical preparation of clays, the 
laws of burning clays, the theory and practice of the formation of clay 
bodies, slips and glazes, and the laws which control the formation and 
fusion of silicates. (91 v. 164.) 

(4105-32) Sec. 3. [Laboratory.] Said department shall be pro- 
vided with an efficient laboratory designed especially for the practical 



202 onio school laws. 



Ch. 14. Colleges .and Universities. 



instruction of clay workers in the list of subjects enumerated in the 
second section of this act, and also equipped to investigate into the 
various troubles and defects incident to every form of clay working-, 
which cannot 'be understood or avoided except by use of such scien- 
tific investigation. Said laboratory shall be equipped with apparatus 
for chemical analysis, with furnaces and kilns for pyrometric and prac- 
tical trials, with such machinery for the grinding, washing and prepa- 
ration of clays for manufacture as is consistent with the character of 
the department. (91 v. 164.) 

(4105-33) Sec. 4. [Expert.] Said trustees shall employ to con- 
duct this department of ceramics a competent expert, who shall unite 
to the necessary education and scientific requirements a thorough 
practical knowledge of clay working, and not less than two years' 
actual experience in some branch of the art. It shall be his duty to 
teach the theoretical part of the subject and to conduct the laboratory 
for the instruction of students, and also to prosecute such scientific 
investigation into the technology of the various clay industries as may be 
practicable, and from time to time to publish the results of his investi- 
gations in such form that they will be accessible to the clay workers 
of the state for the advancement of the art. (91 v. 164.) 

(4105-34) Sec. 5. [Appropriations.] There shall be hereafter 
appropriated out of the general revenues of the state the sum of five 
thousand dollars, to be expended in the organization, equipment and 
maintenance of said department, as provided for in the first four sections 
of this act, for the current year, and there shall be appropriated from 
the same fund the sum of two thousand five hundred dollars annually 
for two years for the salary, supplies and all other expenses of main- 
tenance of said department. (91 v. 164.) 

(4105-35) Sec. 2. [Written analysis to be furnished by professor 
of chemistry at agricultural college.] It shall be the duty of the 
professor occupying the chair in the chemical and mechanical depart- 
ment of the Ohio agricultural and mechanical college, upon applica- 
tion, to make and give a written analysis of such artificial fertilizers as 
may be furnished to him for that purpose. (75 v. 91.) 

(4105-37) Sec. 1. [To be known as "The Ohio State Univer- 
sity."] The educational institution heretofore designated as the Ohio 
Agricultural and Mechanical College shall be known, and designated 
hereafter as "The Ohio State University." (75 v. 126.) 

(4105-37) Sec. 2. [To be governed by board of seven trustees; 
how and by whom appointed.] The government of said university 
shall be vested in a board of seven trustees, who shall be appointed 
by the governor of the state, with the advice and consent of the senate ; 



oiiio school laws. 203 



Colleges and Universities. Ch. 14. 



but no trustee, or his relation by blood or marriage, shall be eligible 
to any professorship or position in the university, the compensation 
for which is payable out of the state treasury, or said college fund. 
(75 v. 126.) 

(4105-38) Sec. 3. [Their terms of office; to be paid their ex- 
penses while engaged in the discharge of duties.] The members of 
said board of trustees and their successors shall hold their offices for 
the term of seven years each ; provided, that the trustees first appointed 
under the provisions of this act shall hold their terms for one, two, 
three, four, five, six, and seven years, respectively, to be fixed by the 
governor in their commissions. In case a vacancy shall occur from 
death or other cause, the appointment shall be for the unexpired term. 
The trustees shall not receive any compensation for their services, but 
they shall be paid their reasonable and necessary expenses while en- 
gaged in the discharge of their official duties. (75 v. 126.) 

(4105-39) Sec. 4. [Powers and duties of board.] The board of 
trustees shall have power, and it is made their duty, to collect, or cause 
to be collected, specimens of the various cereals, fruits, and other vege- 
table products, and to have experiments made in their reproduction 
upon the lands of the university, and to make report of the same, from 
year to year, together with such other facts as may tend to advance 
the interests of agriculture. (75 v. 126.) 

(4105-40) Sec. 5. [Collections of specimens.] The board of 
trustees shall have power, and it is hereby made their duty to secure 
and keep in the said university a collection of specimens in miner- 
alogy, geology, zoology, botany, and other specimens pertaining to 
natural history and the sciences ; and it shall be the duty of the president 
of the university to collect and deposit in the said university, in such 
manner as shall be directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together with a brief 
description of the character of the same, and where obtained ; and the 
said specimens shall be properly classified and kept for the benefit of 
said university. (75 v. 126.) 

(4105-41) Sec. 6. [Meetings of board of trustees.] The first 
meeting of the members of the board shall be called by the governor, 
as soon after the appointment of said board as convenient, to be held 
at said university, in Columbus, Ohio. All succeeding meetings shall 
be called in such manner, and at such times as the board may prescribe. 
The said board shall meet at least three times annually, aiid at such 
other times as they may think necessary for the best interests of the 
said university. A majority of the board of trustees present at any 
meeting shall constitute a quorum to do business ; provided, a majority 



204 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



of all the board shall be required to elect or remove a president or pro- 
fessor. (75 v. 126.) 

(4105-42) Sec. 7. [Annual report of trustees; fiscal year; print- 
ing and distribution of report.] The board of trustees shall cause to 
be made on or before the first of October of each year a report to the 
governor of the condition of said university; the amount of receipts 
and disbursements, and for what the disbursements were made ; the 
number of professors, officers, teachers, and other employes and the 
position and compensation of each ; the number of students in the 
several departments and classes, and the course of instruction pur- 
sued in each ; also an estimate of the expenses for the ensuing year ; 
a statement showing the progress of the university, recording any 
improvements and experiments made, with their cost and the results, 
and such other matters as may be supposed useful. Said annual re- 
port shall be for the year ending June 30, and the said Ohio State 
University is hereby exempted from the provisions of section 172, 
Revised Statutes of Ohio. There shall be printed under the pro- . 
vision of section 58 of the Revised Statutes of Ohio, as amended May 
1, 1891 (O. L. v. 88, p. 498), five thousand copies of the said annual, 
report, to be distributed by the trustees in such manner as they shall 
deem best for the interest of said university. The president of said 
university shall transmit by mail one copy to the secretary of the in- 
terior, one copy to the secretary of agriculture, and one copy to each 
of the colleges which are, or may be endowed under the provisions of 
the act of congress of July 2, 1862. (90 v. 292; 75 v. 126.) 

(4105-43) Sec. 8. [Funds from the sale of land script to form 
part of irreducible debt; and interest of same paid to university.] 
All funds derived from the sale of land script issued to the state of 
Ohio by the United States, in pursuance of the aforesaid act of con- 
gress, together with the interest accumulated thereon, shall constitute 
a part of the irreducible debt of this state, the interest upon which, 
as provided by the act of February 10, 187c (O. L., vol. 67, p. 15), 
shall be paid to the university by the auditor of state, upon the requi- 
sition of the commissioners of the sinking fund, issued on the certi- 
ficate of the secretary of the board of trustees, that the same has been 
appropriated by said trustees to the endowment, support, and main- 
tenance of the university, as provided in the act of congress aforesaid. 
(75 v. 126.) 

(4105-44) Sec. 9. [Compensation of president, professors, teach- 
ers, etc.] That said board of trustees shall fix the compensation 
for the president, professors, teachers and all other employes of the 
university ; provided, that the compensation for the services of the pro- 



OHIO SCHOOL LAWS. 20-> 



Colleges and Universities. Ch. 14. 



fessors shall not exceed twenty-five hundred dollars each per annum. 
(91 v. 74; 75 v. 126.) 

(4105-45) Sec. 10. [Branches prescribed at Ohio State Univer- 
sity.] It shall be the duty of the board of trustees, in connection with 
the faculty of the university, to provide for the teaching of such 
branches of learning- as are related to agriculture and the mechanic 
arts, mines, and mine engineering, -and military tactics, and such other 
scientific and classic studies as the resources of the fund will permit. 
(1880, April 15; yy v. 22J ; Rev. Stat., 75 v. 126.) 

(4105-46) Sec. 1. [Computation and investment of interest.] 
The auditor of state be and is required to compute the interest which 
has accrued and will accrue on the agricultural college scrip fund since 
the same has been sold, to July first, one thousand eight hundred and 
seventy, compounding the same by semi-annual rests on the first day of 
January and the first day of July in each year ; and on the fifteenth day 
of June eighteen hundred and seventy to transfer the sum so arising 
to the said college fund, and invest the same in the interest-bearing 
bonds of the state, in the same manner as the principal of the said 
fund is now invested. (67 v. 15.) 

(4105-47) Sec. 2. [How interest invested.] That on the first 
day of July, eighteen hundred and seventy, and every six months there- 
after (viz: on the first day of January and July, respectively) the audi- 
tor of state shall invest the interest of said funds falling due in the 
same manner as the principal now invested. (67 v. 15.) 

(4105-48) Sec. 1. [Trustees of Ohio State University authorized 
to make deeds.] As soon as the board of trustees of the Ohio State 
University accepts the provisions hereinafter made, it is hereby author- 
ized and required to execute and deliver upon demand, a deed of con- 
veyance to the parties in possession under claim of title of any unpat- 
ented survey or part thereof, in said Virginia Military District ; pro- 
vided, however, that all applicants for such deed must furnish said 
trustees with a certified copy of the deed under which they claim, and 
if required, a certified copy of the unpatented survey in which their 
lands are situate, as the necessary evidence to satisfy the board that 
the same has never been patented, but has been occupied and improved 
by the said parties in possession or those under whom they claim title, 
for more than twenty-one years. Provided, also, that each applicant 
shall pay the board of trustees the sum of two dollars, as the cost of 
preparing and executing such deed. (86 v. 92.) 

(4105-49) Sec. 2. [Duty of auditor of state.] The auditor of 
state shall add the sum of one dollar per acre, reckoned by the num- 
ber of acres of land in each actual survey for all conveyances so made 



206 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



to that part of the irreducible debt of the state, which forms the en- 
dowment of said Ohio State University ; provided, that in cases where 
suit 1ms been brought for the recovery of said lands, persons demand- 
ing deeds of release, shall pay all court costs of such suits. (86 v. 92.) 

(4105-50) Sec. 1. [Relief of persons who wrongfully paid for 
lands in Virginia Military District; duty of auditor of state.] All per- 
sons who were in possession of lands in the Virginia Military District 
under claim of title of an unpatented survey or part thereof, said lands 
having been occupied and improved by said persons in possession or 
those under whom they claim title for more than twenty-one years and 
were compelled by suit, or the fear thereof, to pay the Ohio State Uni- 
versity for said lands, are hereby authorized to present a statement of 
the amount of money so paid by them, together with all the facts re- 
lating to the land held by them and their title thereto, to a board com- 
posed of the secretary of state, auditor of state and attorney general, 
who are hereby authorized and empowered to examine such statements 
and call for and examine such other testimony as they see fit, and if 
upon such examination said board are satisfied that said persons are 
justly entitled to relief as those persons were who have obtained relief 
under the provisions of the aforesaid act, then said board shall deter r 
mine how much said party has wrongfully paid and issue an order to 
the auditor of state directing him to draw his warrant on the treasurer 
of state for the said amount in behalf of the person filing said state- 
ment; provided, that where such claims have been heretofore as (or) 
shall hereafter be allowed by said board, the auditor of state shall add 
the amount thereof to that part of the irreducible debt of the state 
which constitutes the endowment fund of said Ohio State University. 
(9 1 v. 375; 90 v. 221.) 

(4105-51) Sec. 2. [Appropriation.] That there be and is hereby 
appropriated, out of any money in the state treasury accredited to the 
fund of the Ohio State University, the sum of twelve hundred and 
ninety-six dollars to pay said warrants. (90 v. 221.) 

(4105-52) Sec. 3. [Costs of obtaining evidence.] That persons 
filing such statements shall pay all the costs incurred in obtaining evi- 
dence. (90 v. 221.) 

(4105-53) Sec. 4. [Report to general assembly.] Said board 
shall report all its proceedings to the general assembly. (90 v. 221.) 

WILBERFORCE UNIVERSITY. 
Members of the legislature not eligible to be trustees; Sec. 18-1, R. S. 

(4105-54) Sec. 1. [Normal and industrial department at Wilber- 
force University.] There shall be established and maintained at Wil- 



OHIO SCHOOL LAWS. 207 

Colleges and Universities. Ch. 14. 

berforce University, in Greene county, Ohio, a combined normal and 
industrial department. ( 84 v. 127.) 

(4105-55) Sec. 2. [Board of trustees; appointment by governor, 
etc.] To carry out the purposes of this act, there shall be and hereby 
is created a board of nine trustees to be known as "the board of trustees 
of the combined normal and industrial department at Wilberforce Uni- 
versity," live shall be appointed by the governor by and with the consent 
of the senate, and three shall be chosen by the board of trustees of said 
university. The president of the university shall be ex-officio a member 
of said board. The trustees so to be appointed by the governor, as afore- 
said, shall be appointed, on or before the first day of May, 1896, and they 
shall hold their office respectively as follows : One for one year, two for 
two years, and two for four years, the term of such to begin to run from 
July first, 1896; said term shall be designated by the governor in his 
message of appointment to the senate and in the commission issued to 
said trustees. At the session of the senate next preceding the expiration 
of the term of any trustee, the governor shall appoint his successor for 
the term of four years ; and every appointment of the governor under this 
act shall be submitted to the senate for confirmation. (92 v. 275; 89 v. 
368 ; 87 v. 215 ; 84 v. 127.) 

(4105-56) Sec. 3, [Choosing of trustees by university board.] 
The three trustees to be chosen as aforesaid by the board of trustees of 
said university shall be chosen at the first regular meeting of said board 
in June, 1892, after the passage of this act ; and the three so chosen at 
such meeting, shall hold their offices, respectively, as follows : One for 
one year, one for two years, and one for three years, and the term of each 
to begin to run from the third Thursday in June, 1892. In anticipation 
of the expiration of the term of any trustee so chosen, the said university 
board shall, annually thereafter at its regular meeting choose his suc- 
cessor, who shall hold his office for (the) term of three years. (89 v. 368; 
84 v. 127.) 

(4105-57) Sec. 4. [Vacancies.] In case a vacancy in that por- 
tion of the board so appointed by the governor or chosen by the uni- 
versity board shall occur from death, resignation, or other cause, the 
appointment or selection to fill such vacancy shall be made in the one 
case by the governor, and in the other by the executive board of said uni- 
versity for the unexpired term. (84 v. 127.) 

(4105-58) Sec. 5. [Names of trustees chosen by university board 
to be certified to governor.] It shall be the duty of the secretary 
of the said university, immediately upon choice being made by the uni- 
versity board of three trustees as aforesaid, to certify to the governor, 
under the seal of said university, the names of the persons so chosen as 
trustees under this act, with their terms, respectively; and also the name 



208 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



of the person chosen by said executive board at any time to fill a vacancy. 
(84 v. 127.) 

(4105-59) Sec. 6. [Meetings of trustees; their expenses.] The 
board of trustees created under this act shall meet in regular session 
at said university twice a year ; the first meeting shall be on the third 
Thursday in June, and the second on the first Thursday in November, 
of each year ; but other meetings may be held at such places and times 
as a majority of the board may determine. The said trustees shall receive 
no compensation, but shall be reimbursed their traveling and other rea- 
sonable and necessary expenses out of appropriations under this act. (89 
v. 368; 84 v. 127.) 

(4105-60) Sec. 7. [Powers and duties of trustees.] It shall be 
the duty of said board of trustees created under this act to take, keep and 
maintain exclusive authority, directions, supervision and control over the 
operations and conduct of said normal and industrial department, so as to 
assure for it the best attainable results with the aid hereby secured to it 
from the state. Said board shall determine the branches of industry to 
be pursued, purchase, through a suitable and disinterested agent, the nec- 
essary means and appliances, select a superintendent for the industrial 
branch of the department, fix his salary and prescribe his duties and 
authority. The expenditures of all moneys appropriated under this act 
for carrying out its purposes and provisions, shall be made only under 
such regulations and for such specific purposes not herein provided for, 
as the board of trustees of said department shall establish ; but no money 
hereby appropriated by the state shall be used at any time for any 
purpose not in direct furtherance and promotion of the objects of the 
department. (84 v. 127.) 

(4105-61) Sec. 8. [Non-sectarian character of department.] No 
sectarian influence, direction or interference in the management or con- 
duct of the affairs or education of said department shall be permitted by 
its board ; but its benefits shall be open to all applicants of good moral 
character and within the limitations of age determined by said board. 
(84 v. 127.) 

(4105-62) Sec. 9. [Payment to university of state appropria- 
tions; bond of treasurer.] Upon the certificate of the board of trus- 
tees of said department that the necessary steps have been taken by the 
board of trustees of said university to co-operate with the department 
trustees in carrying out the purposes of this act by granting the use of its 
buildings, grounds and educational facilities, there shall be paid to the 
treasurer of said department, semi-annually, one-half of such amounts as 
may be annually appropriated by the general assembly for the purposes . 
therein named. The treasurer; of said department shall give to the state 
of Ohio a bond to be approved by the attorney general in the sum of 



OHIO SCHOOL LAWS. 2Ul> 

Colleges and Universities. Ch. 14. 

twenty thousand dollars, conditioned that he shall faithfully discharge his 
duties and account for any money coming into his hands from the state 
of Ohio. (92 v. 275; 84 v. 127.) 

(4105-63) Sec. 10. [Annual report, and estimate of appropria- 
tions.] The board of trustees shall cause to be made on or before 
the first day of December, eighteen hundred and eighty-eight (and) 
each year thereafter, a report to the governor of the condition, progress 
and results of said department, with an estimate of what appropriation 
shall be required to secure the, objects of this act. (84 v. 127.) 

(4105-64) Sec. 11. [Designation of pupils by members of gen- 
eral assembly.] Each senator and representative of the general as- 
sembly of the state of Ohio may designate one or more youth resident of 
his district who shall be entitled to attend the said normal and industrial 
department free of tuition. (92 v. 275; 84 v. 127.) 

(4105-65) Sec. 12. [Appropriations; application of revenues.] 
For the purpose of carrying out the provisions of this act there shall 
be levied' annually a tax on the grand list of taxable property of the state, 
which shall be collected in the same manner as other state taxes, and the 
proceeds of which shall constitute "the fund of the combined normal and 
industrial department at Wilberforce university." The rate of such levy 
shall be designated by the general assembly at least once in two years, and 
if the general assembly shall fail to designate the rate for any year, the 
same shall be for the said fund of the "combined normal and industrial 
department of Wilberforce university" two-hundredths of one mill upon 
each dollar valuation of such taxable property for the year 1900 and one- 
hundredth of one mill thereafter. The same shall be paid to the treas- 
urer of the normal and industrial department at Wilberforce university in. 
accordance with the provisions of section twelve of said act. All revenue- 
arising from tuitions, sales of products or otherwise under the aforesaid 
department shall be applied by its board of trustees to defray its expenses, 
or to increase its efficiency, a strict account of which shall be kept by the 
department board, and accompany the report to the governor. (94 v. 598; 
92 v. 156; 84 v. 127.) 

(4105-66) Sec. 1. [Additional appropriations for Wilberforce 
University.] There is hereby appropriated out of any moneys in 
the treasury to the credit of the general revenue fund not otherwise 
appropriated, for combined normal and industrial department at Wilber- 
force University, two thousand dollars, the same being the balance due 
said institution under the provisions of an act passed March 19, 1887. 
And this amount shall be in full of all claims against the state by said 
university. (86 v. 392.) 

14 0. s. L. 



210 



OHIO SCHOOL LAWS. 



Schools Specially Endowed. 



Ch. 15. 



CHAPTER XV. 

SCHOOLS SPECIALLY ENDOWED. 



Section. 

4105-67. Courts of common pleas to appoint 
trustees for schools specially en- 
dowed; powers of trustees. 

4105-68. Filling vacancies. 

4105-69. Duties of trustees; may co-operate 
with boards of education. 



Section. 

4105-70. Same; s oath; bond. 

4105-71. Accounts to be rendered. 

4105-72. Visitors. 

4105-73. When to take effect. 



(4105-67) Sec. 1. [Courts of common pleas to appoint trustees 
for schools specially endowed; powers.] Whenever any person shall, 
by deed, devise, gift or otherwise, set apart any lands, moneys or effects, 
as an endowment of a school or academy, not previously established, and 
shall not provide for the management of such school or academy, the 
court of common pleas of the proper county shall appoint five trustees, 
who shall have the control and management of the property, moneys, and 
effects, so set apart, and of the school or academy thus endowed, and 
shall hold their offices for five years, and until their successors are elected 
and qualified ; but in making the first appointment the court shall appoint 
one trustee for one year, one for two years, one for three years, one for 
four years, and one for five years. The trustees shall be a body corporate, 
with perpetual succession, and by such name as may be ordered by the 
court making the first appointment; may sue and be sued; have a cor- 
porate seal and the same alter or change at pleasure, and may hold all 
kinds of estates, real and personal, and mixed, which they may acquire 
by purchase, donation, devise or otherwise. (53 v. 33 ; S. & C. 1383.) 

(4105-68) Sec. 2. [Filling vacancies; removal.] The said court 
shall annually appoint one trustee, to fill the vacancy then occurring; and 
at any other time fill vacancies that may' occur from any cause, for the 
"unexpired term ; said court shall also have power upon sufficient cause 
shown, reasonable notice of the time and place of hearing having been 
given to the party interested, remove any trustee, and may, until a hear- 
ing be had, suspend a trustee in the exercise of his office. (53 v. 33 ; S. & 
C, 1383.) 

(4105-69) Sec. 3. [Duties of trustees; may co-operate with 
boards of education.] The trustees shall have power to establish, 
from time to time, rules and regulations for the management and safe- 
keeping of the property, moneys, and effects, belonging to the trust, and 
the expenditure of the income thereof, and also for the management and 
government of the school or academy; which rules and regulations shall 
not be inconsistent with the terms of the deed, devise or gift, creating 



OHIO SCHOOL LAWS. . 211 



Ch. 15. Schools Specially Endowed. 



the endowment, or with the laws of this state; they shall not, at any- 
time, or for any cause, incur any debt or liability, beyond the net income 
of the trust property, moneys, and effects, or use or appropriate the same, 
otherwise than to invest for the purposes of income, any part of the 
principal thereof, unless expressly authorized so to do by the terms of 
the deed, devise or gift, creating the endowment of trust. The trustees 
of any school heretofore established under the provisions of this act, and 
in no way connected with any religious or other sect, and the board of 
education of the district in which such school is situated, shall have 
power to make contracts whereby said trustees shall receive into said 
school pupils from said district, who shall receive such instruction as is 
now, or may hereafter be, provided by law for public schools in this state ; 
and, in consideration of such service by said trustees, such board shall 
have authority, under the general restrictions of the law relating to com- 
mon schools, in so far as the same are applicable and not inconsistent 
herewith, to contribute to the maintenance of such school, and to pay 
such part of the cost of the erection of additional buildings, and upon 
such conditions, not inconsistent with the deed, devise or gift under which 
said school is established, as may be agreed upon by such board and such 
trustees. 

Provided that if such school shall after the making of such contract 
become sectarian or in any way connected with any religious or other sect 
such contract shall thereupon terminate, and when any such contract 
between the trustees and the board of education shall for such cause 
terminate, no right, title, or interest in or to any building toward the 
cost of which the board of education shall have contributed shall pass 
to the trustees until full compensation shall have been made to the board 
of education for the contribution made by such board to the construction 
of such building. (98 v. 206; 53 v. 33 ; S. & C. 1383.) 

(4105-70) Sec. 4. [Same; oath; bond.] The trustees shall, im- 
mediately after their appointment, organize by appointing a president, 
secretary, and treasurer, from their own number, and shall severally take 
and subscribe an oath to faithfully discharge the duties of trustees, and 
deposit the same with the county auditor. They shall, also, before 
taking possession of. the property, moneys, or effects, constituting the 
endowment or trust, severally give bond, in such sum as the court may 
require, with two or more sufficient sureties, to be approved by a judge 
of said court, whose approval shall be endorsed on the bonds, conditioned 
for the faithful management of the property, moneys, and effects, in- 
trusted to them and accountability therefor in such form as the court 
or judge may require; and the court may, from time to time, require 
additional bonds and surety, as may appear necessary for the preserva- 
tion of the trust estate. The bonds required shall be payable to the state 



212 OHIO SCHOOL LAWS. 



School Specially Endowed. Ch. 15. 

of Ohio, and deposited in the office of the county auditor for safe keep- 
ing. (53 v. 33; S. & C. 1383.) 

(4105-71) Sec. 5. [Accounts to be rendered.] The trustees shall, 
on the second Monday of September, in each year, and at such other 
times as the court may require, render a full and accurate account, state- 
ment, and exhibit, of the condition of the school or academy under their 
management, and the condition of the trust estate and funds ; and shall 
cause the same to be published in such form as the court may direct ; 
which account, statement, and exhibit, shall be sworn to by the president, 
secretary and treasurer, or some two of them. (53 v. 33 ; S. & C. 1383.) 

(4105-72) Sec. 6. [Visitors.] The court of common pleas of 
the proper county shall, annually, at the first session after the second 
Monday in September, appoint three competent and disinterested per- 
sons, who shall have authority to visit any such school or academy and 
examine the same, together with the condition of the trust estate or 
endowment, and shall report thereon to the court making the appointment. 
The court shall also authorize such other visitations and examinations as 
may appear to be necessary. 53 v. 33; S. & C, 1383.) 

(4105-73) Sec. 7. [When to take effect.] This act shall apply to 
endowments heretofore created, as well as to those hereafter created, and 
shall take effect from and after its passage. (53 v. 33; S. & C. 1383.) 



OHIO SCHOOL LAWS. 



213 



Colleges and Institutions of Learning. 



Ch. 14. 



TITLE II. 



CHAPTER XIV. 



COLLEGES AND INSTITUTIONS OF LEARNING. 



SECTION. 

3726. Certain corporations may appoint a 

faculty and confer degrees. 

3727. May hold donated property in trust. 

3728. Who constitute the faculty; its pow- 

ers. 

3729. May teach mechanics and agriculture. 

3730. May change stock into scholarships. 

3731. Location may be changed, and how. 

3732. When and how college endowment 

fund diverted. 

3733. How vacancies in boards filled in cer- 

tain cases. 

3734. Certain corporations may increase 

their property; bonds. 

3735. Statement to be made and filed. 

3736. How certain boards may be consti- 

tuted and governed. 

3737. Trustees to be divided into classes. 

3738. Term of office of trustees; how va- 

cancies filled. 

3739. When the board is to be enlarged. 

3740. When the number in a class is to be 

reduced. 

3741. A conference may become a patron by 

consent of other bodies. 

3742. Patronizing bodies may appoint visi- 

tors. 

3743. When the right of representation shall 

cease. 

3744. What action the board must first take. 

3745. Quorum; how constituted. 

3746. Certain corporations may have bene- 

fit of subsequent provisions. 

3747. Alumni may elect trustees and appoint 

visitors. 

3748. Conduct of election. 

3749. Returns of election, and certificates. 

3750. Endowment fund corporation. 

3751. How certain boards may be consti- 

tuted and governed. 

3751a. Increase in number of trustees of 
certain corporations. 

37516. Incorporation of colleges under eccle- 
siastical patronage; what articles 
shall contain. 

3751c. Existing corporations may avail them- 
selves of provisions of act; how. 

3752. Classes and election of trustees; pres- 

ident ex-officio member of board; 
term; vacancies; increase in board. 



3753. Assessments may be made against 

stockholders. 

3754. Meeting of stockholders, and notice 

thereof. 

3755. Meeting may fix amount of assess- 

ment. 

3756. How much may be assessed, and col- 

lection thereof. 

3757. The board of military academies; how 

constituted, etc. 

3758. Board of visitors; how constituted. 

3759. Duties of board of visitors. 

3760. How the term of office of trustees and 

directors may be fixed. 

3761. Certain corporations may change loca- 

tion. 

3762. Sale and distribution of the property 

of certain corporations. 

3762a. Certain colleges, whose articles of in- 
corporation are not on file in the 
office of the secretary of state, may 
file same there and amend. 

37626. Colleges may change name and pur- 
pose; when; procedure. 

3763. Under what restrictions medical col- 

leges and teachers may receive bod- 
ies for dissection; body to be de- 
livered to claimant; interment of 
body after examination or dissec- 
tion; notification to relatives; pen- 
alties. 

3764. Penalty for having unlawful posses- 

sion of corpse. 

3765. (Repealed.) 

3766. ( Repealed. ) 

3767. Organic rules which may be prescribed 

in certain articles of incorporation. 

3768. May add to the objects of the cor- 

poration; acceptance of statutory 
provisions. 

376S-1. Authorizing certain mechanics' insti- 
tutes to borrow money; liability of 
directors and trustees. 

3768-2. Directors not personally liable. 
'3769. Accounts of receipts and disburse- 
ments. 

3770. Trustees ineligible to other office. 

3771. Attorney general may, by action, en- 

force duties of officers. 
3771a. How number of trustees of certain 
colleges increased. 



For "an act to aid the establishment and maintenance of a combined normal and indus- 
trial department at Wilberforce University, Greene county, Ohio," see Sec. 4105-55. 



Sec. 3726. [Certain corporations may appoint a faculty and con- 
fer degrees.] The trustees of a college, university, or other institu- 
tion of learning, incorporated for the purpose of promoting education, 
religion, morality, or the fine arts, which has acquired real or personal 



214 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

property of the value of five thousand dollars, and which has filed in 
the office of the secretary of state a schedule of the kind and value of 
such property, verified by the oaths of the trustees, may appoint a presi- 
dent, professors, and tutors, and any other necessary agents and officers, 
and fix the compensation of each, and may enact such by-laws, not in- 
consistent with the laws of this state or of the United States, for the gov 7 
eminent of the institution, and for conducting the affairs of the corpo- 
ration, as they may deem necessary ; and may, on the recommendation 
of the faculty, confer all such degrees and honors as are conferred by 
colleges and universities of the United States, and such others having 
reference to the course of study, and the accomplishments of the student, 
as they may deem proper. (50 v. 128, § 1 ; 51 v. 403, §§ 2, 3 ; S. & C. 
266, 270.) 

Sec. 3726 made partially inoperative in 84 v. 63, 65. 

Sec. 3727. [May hold donated property in trust.] Any univer- 
sity, college, or academy, or the trustees thereof, may hold in trust any 
property devised, bequeathed, or donated to such institution, upon any 
specific trust consistent with the objects of the corporation. (50 v. 128, 
§ 5; S. &C. 267.) 

Where a subscription is made in writing and accepted, and liabilities are incurred on the 
faith of it, its collection cannot be defeated on the ground of the supposed want of a valuable 
or legal consideration. 16 O. S., 20. 

Sec. 3728. [Who constitute the faculty; its powers.] The presi- 
dent and professors shall constitute the faculty of any incorporated liter- 
ary college or university, and may enforce the rules and regulations en- 
acted by its trustees for the government and discipline of the students, 
and suspend and expel offenders, as may be deemed necessary. (50 v. 
128, § 6; S. & C. 267.) 

Sec. 3729. [May teach mechanics and agriculture.] Any incor- 
porated university, college, or academy may connect therewith, to be 
used as a part of its course of education, any mechanical shops and 
machinery, or lands for agricultural purposes not exceeding three hun- 
dred acres, to which may be attached all necessary buildings for carry- 
ing on the mechanical or agricultural operations of such institution. (50 
v. 128, § 8; S. & C. 267.) 

For "an act to authorize mechanics' institutes incorporated in this state prior to 1851 to 
borrow money and mortgage real estate therefor," see Sec. 3768-1. 

Sec. 3730. [May change stock into scholarships.] Any company 
formed in pursuance of this title, or which now exists by virtue of any 
special act of incorporation, the property of which is held as stock, and 
not derived by donation, gift, devise, or gratuitous subscription, may 



U111U SCHOOL LAWS. 



215 



Colleges and Institutions of Learning. Ch. 14. 



change its capital stock into scholarships, when it becomes necessary 
for the purpose of carrying out the object for which it was formed, in 
the manner provided in section thirty-two hundred and sixty-two. (50 
v. 128, §§ 9, 10; S. & C. 268. ) 

Sec. 3731. [Location may be changed and how.] A college, uni- 
versity, or other institution of learning, now existing by virtue of any 
act of incorporation, or that may hereafter become incorporated for any 
of the purposes specified in this chapter, may, if three-fourths of the 
trustees or directors thereof deem the same proper, or if the institution 
is owned in shares, or by stock subscribed or taken, by a vote of the 
holders of three-fourths of the stock or shares, change the location of 
such institution, convey its real estate, and transfer the effects thereof, 
and invest the same at the place to which such institution may be removed ; 
but no removal shall be ordered, and no vote taken thereon, until after 
publication in the manner provided in the last section, in which notice 
shall be fully set forth the place to which it is proposed to remove such 
institution and, in case of removal, a copy of the proceedings of such 
meeting shall be filed with the secretary of state. (52 v. 77, § 12; S. & 
C. 268.) 

Sec. 3732. [When and how college endowment fund diverted.] 
The trustees of a corporation incorporated for the purpose of creating, 
holding, and managing a college endowment fund, the articles of incor- 
poration of which provide that the fund may be applied to any object 
not inconsistent with the purposes of education different from that par- 
ticularly specified therein, may apply to the court of common pleas in 
the county where the corporation is located for permission to make such 
change, designating particularly the purposes to which it is proposed to 
apply the funds; and the court, on being satisfied that such change is 
not inconsistent with the object of the original creation and institution 
of the fund, shall authorize and sanction the change. (51 v. 393, § 2; 
S. & C. 269.) 

Sec. 3733. [How vacancies in boards filled in certain cases.] 
Whenever there occurs a vacancy, in whole or in part, in the board of 
trustees of an incorporated college, seminary, or academy, by reason 
of an amendment of the charter in such corporation, or from any other 
cause, and there is no provision of law for filling such vacancy, the gov- 
ernor shall, within three months after receiving information thereof, 
appoint the required number of trustees, one-third thereof to serve for 
one year, one-third to serve for two years, and one-third for three years. 
(75 v. 25, § 2.) 

Sec. 3734. [Certain corporations may increase their property; 
bonds.] A college, university, academy, seminary, or other institu.- 



216 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

tion devoted to the promotion of education, now existing by virtue of 
any special act of incorporation, or organized under the provisions of 
any law, whose property is derived and held by donation, gift, purchase, 
devise or gratuitous subscription, and the amount of which, or the in- 
come arising therefrom, is limited by such special act, or by the articles 
•of association adopted by such institution, may receive, acquire, pos- 
sess and hold hereafter any amount of property, real, personal or mixed, 
which its board of directors or trustees shall deem it advisable for the 
institution to accept, and may, by its trustees, sell, dispose of and convey 
the same, but such property shall not be diverted from the express will 
•of the donor, devisor or subscriber. The board of trustees of any such 
college, university, academy, seminary, or other institution devoted to 
the promotion of education in anticipation of donations to be received 
and collections to be made, may, for the purpose of constructing, en- 
larging or adding to any college buildings or improvements, borrow such 
sum of money as they may determine necessary for such purpose, and 
may issue bonds therefor and secure the same by mortgage upon the 
property upon which such improvement is to be made, provided such 
property is not held by them under some specific trust. (90 v. 71 ; 53 
v. 170, § 1; S. &C. 368.) 

The creation of a fund with which to pay an indebtedness of an educational institution, 
is not a consideration, in law, for a written promise given by the maker to the institution with 
a view to contribute to that object. 41 O. S., 527. 

Sec. 3735. [Statement to be made and filed.] Before any such 
institution shall be authorized to acquire and hold such additional prop- 
erty, the trustees thereof, at a regular meeting of their board, or at a 
special meeting called for that purpose, shall, from time to time, make 
and sign a statement specifying the amount of such additional property 
which they seek to acquire and hold, and shall set forth therein the pur- 
poses to which it is to be devoted, which statements shall be entered at 
large upon the record book of the trustees and be filed in the office of 
the secretary of state. (90 v. 72; 53 v. 170, § 2; S. & C. 368.) 

Sec. 3736. [How certain boards may be constituted and gov- 
erned.] The board of trustees of any university or college hereto- 
fore incorporated, and now under the patronage of four or more con- 
ferences or other religious bodies of any religious denomination, may 
accept the provisions of this and the nine succeeding sections, by reso- 
lution adopted at any regular meeting of the board and entered upon 
the record of its proceedings; and after such acceptance the board shall 
in all respects be organized, constituted, regulated, and perpetuated, pur- 
suant to and under said provisions ; but no right acquired by any such 
board, or any such university or college under its charter, or any law of 



OHIO SCHOOL LAWS. 217 



Colleges and Institutions of Learning. Ch. 14. 



this state, shall in any way, be affected by said provisions. (65 v. 188, 
§ 1 ; S. & S. 106.) 

Sec. 3737. [Trustees to be divided into classes.] At a meeting 
of such board held after a vacancy occurs therein it shall fill such va- 
cancy, or if more than one vacancy has occurred, then one of them, by 
appointing the president of the university or college a trustee, and the 
president of such university or college shall, ex-officio, be a trustee per- 
petually thereafter ; the board shall also, at such meeting, divide its 
number, excluding the said president, and including all vacancies except 
the one he is so appointed to fill, into classes, corresponding in number 
to the number of conferences or other religious bodies at the time patron- 
izing such university or college, such classes to have in each an equal 
number of trustees, as near as may be ; and the board shall assign one 
of such classes to each of the conferences or other religious bodies, and 
thereafter each may fill any and all vacancies in the class so assigned 
to it. (65 v. 188, § 2; S. & S. 106.) 

Sec. 3738. [Term of office of trustees; how vacancies filled.] 
When the classes of trustees are formed, as provided in the preceding- 
section, the term of office of one of the trustees in each of the classes, to 
be selected by lot in open session of the board of trustees, shall expire 
each year, and the persons thereafter elected as trustees shall act as such 
for a term of years equal in number to the number of trustees in any 
class, except as hereinafter provided; but the term of office of a trustee 
shall not expire during any meeting of the board which does not continue 
for more than two weeks ; and vacancies which occur in any class of 
trustees otherwise than by the expiration of term of office shall be filled 
only for the remainder of the term. (65 v. 188, § 3 ; 70 v. 157, § 1 ; S. & 
S., 107.) 

Sec. 3739. [When the board is to be enlarged.] If the number 
of the conferences or other religious bodies patronizing any such uni- 
versity or college, the board of trustees of which has been divided into 
classes as hereinbefore provided, be increased to not exceeding six, the 
board of trustees shall be enlarged to the extent of one additional class 
of trustees for each of such- additional conferences or other religious 
bodies, such additional classes to have in each a number of trustees equal 
to the number in any one of the former classes ; and each of such addi- 
tional conferences or other religious bodies may elect, as members of the 
board, the number in its class, one for one year, one for two years and 
one for three years, and so on to the extent of the number ; and each of 
such additional conferences or other religious bodies may fill any vacan- 
cy in its class. And such board of trustees composed according to the 
foregoing provisions and the provisions of section thirty-seven hundred 



218 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

and forty-seven of this chapter, without regard to the number of members 
so composing it, may increase its own numbers by the election of trustees 
at large, not exceeding the number of cenferences or other religious bodies 
co-operating with or patronizing such university or college, and may divide 
such trustees at large into classes, at its discretion. (89 v. 119; 65 v. 188, 
§4; S.&S., 107.) 

Sec. 3740. [When the number in a class is to be reduced.] If the 
number of such patronizing conferences or other religious bodies at 
any time exceeds six, the representation of each shall be reduced by lot. 
in open session of the board of trustees, to a class of three trustees, if 
they exceed that number, who shall thereafter be elected to serve as 
trustees for the term of six years, and in that case the term of office of 
one trustee in each class shall expire every second year. (65 v. 188, 
§5; S. & S., 107.) 

Sec. 3741. [A conference may become a patron by consent of 
other bodies.] Any conference or other religious body, not patroniz- 
ing any particular university or college, may become such patronizing 
conference or religious body, by and with the consent of the confer- 
ences or other religious bodies at the time patronizing such university or 
college. (65 v. 188, § 6; S. & S., 107.) 

Sec. 3742. [Patronizing bodies may appoint visitors.] Each con- 
ference or other religious body patronizing any particular university or 
college may, annually, appoint two visitors, and the board of trustees 
of a college or university may provide, at the time of its organization, by 
resolution adopted and entered on its records, for the appointment of 
two visitors by each conference or other religious body patronizing such 
college or university; and such visitors shall attend the meetings of the 
board of trustees of such university or college, and, with the trustees, 
constitute a joint board for the appointment and removal of all officers, 
professors, and instructors of the university or college. (73 v. 163, § 7; 
S. & S., 107.) 

Sec. 3743. [When the right of representation shall cease.] If a 
conference or other religious body patronizing any university or col- 
lege, and having a representation in its board of trustees, cease to exist, 
or cease to patronize such university or college, the right of such confer- 
ence or other religious body to such representation shall cease, and its 
board of trustees shall be thereby and to that extent reduced in numbers. 
(65 v. 188, § 8; 73 v. 163; S. & S., 107.) 

Sec. 3744. [What action the board must first take.] Before a 
conference or other religious body not represented in the board of trus- 
tees of any university or college shall be entitled to be represented 
therein, and before any conference or other religious body represented 



OHIO SCHOOL LAWS. 219 



Colleges and Institutions of Learning. Ch. 14. 

therein shall be deprived of such representation as provided in the pre- 
ceding section, the board shall declare, and cause to be entered in the 
record of its proceedings, that the conditions and contingencies herein- 
before provided for in that behalf have taken place. (65 v. 188, § 9; 
S. & S., 107.) 

Sec. 3745. [Quorum; how constituted.] Eleven trustees shall 
constitute a quorum of the board of any such university or college, what- 
ever the number of trustees constituting the board is or may become, if 
the number is more than twenty ; and if the number is twenty or less, a 
majority thereof shall constitute a quorum. (65 v. 188, §10; S. & S., 
108.) 

Sec. 3746. [Certain corporations may have benefit of subsequent 
provisions.] The board of trustees of any university or college which 
has accepted or hereafter accepts the provisions of the ten preceding sec- 
tions, may accept the provisions of the three succeeding sections by reso- 
lution adopted at any regular meeting of the board, and entered upon the 
record of its proceedings, and thereafter the board, and the university or 
college, shall be subject to (the) provisions thereof. (69 v. 71, § 1.) 

Sec. 3747. [Alumni may etect trustees and appoint visitors.] 
After such acceptance by the board of any university or college, the 
alumni thereof (composing the alumnal association thereof) may elect 
as members of the board of trustees of such college or university mem- 
bers of such alumnal association, in numbers equaling the numbers of the 
conferences co-operating with or patronizing such university or college, 
and may divide such alumnal trustees into classes, and perpetuate the 
same ; and such alumnal may, at the same time elect as visitors members 
of their association equaling in numbers one-half of the numbers of the 
conferences or other religious bodies co-operating with or patronizing - 
such university or college, and such visitors shall have the same powers 
and duties as visitors appointed by any conference or other religious body 
aforesaid ; provided, that when women are members of the alumnal 
association so electing, they shall be eligible as visitors ; provided, further, 
that the board of trustees shall be judge of the validity of the election 
and the returns thereof, of trustees and visitors elected under this section. 
(89 v. 120 ; 81 v. 174 ; Rev. Stat. 1880 ; 69 v. 71, § 2 ; 76 v. 8y, § 1.) 

Sec. 3748. [Conduct of elections.] The election of trustees and 
visitors by the alumni shall be by ballot, and held each year, beginning 
the year after such acceptance, on the secular day next before the day 
of commencement of such university or college, at such place in a build- 
ing on its grounds as may be designated by the president of the alumnal 
association by written notice posted the day before the election in at 
least two public places on such grounds ; and the polls shall be opened at 
the hour named in said notice, which shall not be later than three o'clock 



220 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

p. m., and shall be kept open for two hours thereafter. The election shall 
be conducted by three judges and two clerks, who shall be members of 
said association and be chosen by the members present at the place of vot- 
ing at the time for opening the polls, and they shall certify to the board 
of trustees the result of such election, with a list of the members voting 
thereat ; each ballot shall contain the names of the persons voted for, the 
office which each is to fill and a designation of the term for which he is 
to serve. At such election all members of the alumnal association of 
such university or college shall be entitled to vote, and members not in 
attendance may exercise their right by sending ballots conformable to 
the foregoing provisions, with their names thereon endorsed, and ad- 
dressed under seal to the president of such association. (89 v. 120; 
69 v. 71, § 3.) 

Sec. 3749. [Returns of the election, and certificates.] After the 
polls are closed the result shall be ascertained and certified to by the 
judges and clerks, and the person or persons, not exceeding the number to 
be elected as trustees, having received the highest number of votes for 
trustee or trustees, shall be declared elected as trustee or trustees as 
designated on the ballot, and the two persons who receive the highest 
number of votes for visitors shall be declared elected, but their terms 
of office shall not begin until after the final adjournment of the regular 
meeting of the trustees for that year ; if any two or more persons receive 
an equal number of votes for the same office of. trustee or visitor, one 
of them, as may be determined by lot by the judges, in the presence of 
all the electors who may wish to be present, shall be the trustee or visitor, 
and shall be so declared ; and duplicate certificates of election shall be 
signed by the judges and clerks, and delivered by them, one to each of 
the persons elected, and the other, with the poll books duly certified by the 
judges and clerks, to the secretary of the board of trustees of the univer- 
sity or college, the next day after the election, which certificate he shall 
enter of record in the book containing the proceedings of the board of 
trustees. (69 v. 71, § 3.) 

Sec. 3750. [Endowment fund corporations.] The trustees of 
a corporation incorporated for the purpose of creating a fund, the in- 
come of which is to be applied to the promotion of education, may receive 
subscriptions for membership in the corporation, and they, or a majority 
of them, by giving ten days' notice, by publication in the county where 
the corporation is located, may call a meeting of members to adopt by- 
laws, and elect not more than nine directors ; each member shall have a 
vote for every amount by him subscribed equal to that in the articles of 
incorporation specified as necessary for membership, which may be cast 
in person or by proxy, but at no subsequent meeting may a member vote 
for or be eligible as a director who is in arrears to the corporation ; and 



OHIO SCHOOL LAWS.- 221 

Colleges and Institutions of Learning. Ch. 14. 

the trustees shall control the funds and disburse the income of the cor- 
poration as may be provided by its by-laws. (69 v. 173, §§ 1, 2, 3, 4, 5.) 

Sec. 3751. [How certain board may be constituted and gov- 
erned.] The board of trustees of any university, college, or other 
institution of learning, incorporated, and acting under the patronage of 
one annual conference or other religious body of any religious denomina- 
tion, may accept the provisions of this and the succeeding section, by 
resolution adopted at any meeting of the board, and entered upon the 
record or journal of its proceedings ; and after such acceptance the board 
shall be organized, constituted, regulated, and perpetuated as therein 
provided ; but no right acquired by any such board, university, or other 
institution of learning, under its charter, or any law of this state, shall in 
any way be impaired or affected thereby. (69 v. 180, §1.) 

Sec. 3751a. [Increase in number of trustees of certain corpora- 
tions.] The board of trustees of any university or college, hereto- 
fore incorporated, and now under the patronage of one annual con- 
ference or synod or other religious body of any religious denomination, 
may increase the number of its trustees, not exceeding six ; said addi- 
tional trustees to be nominated by the collegiate alumni of such univer- 
sity or college from the collegiate alumni of three years' standing, for 
appointment or election by such patronizing conference or synod, under 
such regulations as may be prescribed by such board of trustees ; pro- 
vided, that the board of trustees of such university or college shall so 
determine to increase the number of its trustees and adopt such regulations 
for their nomination, by resolution adopted at any regular meeting of 
such board, and duly entered on the record of its proceedings ; and, 
provided further, that such patronizing or governing conference or synod 
shall consent to such increase of said board of trustees and the rules 
and regulations for the nomination of the same. And after such board 
of trustees is so increased by the election of any additional trustees, not 
exceeding six, the board of trustees shall in all respects be organized, 
constituted, regulated and perpetuated pursuant to and under the pro- 
visions of the charter and said provisions ; but no rights acquired by 
any such board or any such university or college, under its charter or 
any law of this state, shall in any way be affected or impaired thereby. 
(91 v. 155.) 

Sec. 375 1 fr. [Incorporation of colleges under ecclesiastical pat- 
ronage; what articles shall contain.] A corporation may be formed 
for the promotion of academic, collegiate or university education, under 
religious influences, and is hereby authorized and empowered to set 
forth in its articles, or certificate of corporation, as a part of the same, 
the name of the religious sect, association or denomination with which 



222 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

it proposes to be connected, and it is further authorized and empowered 
to grant any ecclesiastical body of such religious sect, association or 
denomination, whether the same be a conference, association, presbytery, 
synod, general assembly, convocation or otherwise, the right to appoint 
its trustees or directors, or any number thereof ; and it is further author- 
ized and empowered to set forth in its articles or certificate of corporation, 
such other rights as to the administration of the purpose for which it is 
organized, and not inconsistent with the laws of this state or of the 
United States, as said incorporation may desire to confer upon said 
ecclesiastical body of such religious sect, association or denomination 
and the said ecclesiastical body of such religious sect, association or 
denomination shall possess and exercise all rights and powers to set 
forth in said articles or certificate of corporation. (94 v. 331.) 

Sec. 3751c. [Existing corporations may avail themselves of pro- 
visions of act; how.] Any corporation formed for the promotion of 
academic, collegiate or university education, under religious influences, 
which has been incorporated under the laws of this state, whether by 
special act of the legislature or otherwise, may avail itself of the pro- 
visions of the preceding section, as a part of its articles or certificate 
of incorporation, and may confer on any ecclesiastical body of such 
religious sect, association or denomination, as it is now, or proposes to 
be connected with, whether the same be a conference, association, pres- 
bytery, synod, general assembly, convocation or otherwise, any or all 
the rights, powers or privileges provided by the preceding section to be 
conferred on corporations hereafter organized, and may accept the pro- 
visions of such preceding section by a vote of the majority of the trus- 
tees of such corporation at any regular meeting; and when so accepted, 
a copy of said acceptance, certified by the secretary or clerk of its board 
of trustees or directors, shall be sent to the ecclesiastical body with which 
it is now or proposes to be connected; if such ecclesiastical body agree 
to accept the powers proposed to be conferred upon it, it shall certify 
its approval upon such certified copy sent to it, and the same shall there- 
upon be filed in the office of the secretary of state ; and, when so filed, 
the same shall become and be a part of the charter of said corporation ; 
and said ecclesiastical body of such religious sect, association or denomi- 
nation, whether the same be a conference, association, presbytery, synod, 
general assembly, convocation or otherwise, shall possess and exercise 
all the rights and powers so set forth in said articles or certificate of 
corporation. (94 v. 331.) 

Sec. 3752. [Classes and election of trustees; president ex-officio 
a member of the board; term; vacancies; increase in board.] After 
such acceptance the board shall certify the same to the patronizing con- 



OHIO SCHOOL LAWS. 223 



Colleges and Institutions of Learning. Ch. 14. 

ference or other religious body having the right to elect or appoint trus- 
tees of such university or other institution of learning, at the next meet- 
ing of such conference or other religious body ; and thereafter the board 
shall consist of twenty-one trustees elected or appointed, and the presi- 
dent of such university or other institution of learning, who shall be 
ex-officio a member of the board ; such elected or appointed trustees 
shall be divided into three classes of seven numbers each. At the first 
election or appointment after such acceptance, one of such classes shall 
be elected or appointed for one year, one for two years and one for three 
years, and in all subsequent elections or appointments each of the classes 
of trustees shall be elected or appointed for three years, but no term of 
office of any such trustee shall expire during any meeting of the board 
which does not continue more than two weeks. Ten members of the 
board shall constitute a quorum, and all vacancies which occur in any 
class of trustees otherwise than by expiration of the term of office, shall 
be filled only for the remainder of the term ; provided, that any such 
university or other institution of learning, having heretofore accepted 
the provisions of original sections 3751 and 3752, may increase its board 
of trustees by electing or appointing two additional members in each 
of the classes of trustees herein provided for. (1888, March 30; 85 v. 
140, 141 ; Rev. Stat. 1880; 69 v. 180, §§ 2, 3; 70 v. 157, § 1.) 

Sec. 3753. [Assessments may be made against stockholders.] 
The proportion that each stockholder of any college, academy, univer- 
sity, seminary, or other institution for the promotion of education, shall 
be required to pay to meet the debts and liabilities of the corporation, 
may be determined and collected in the manner provided by the three 
succeeding sections. (58 v. 20, § 1 ; S. & S. 108.) 

Sec. 3754. [Meeting of the stockholders, and notice thereof.] 
The trustees of any such corporation desiring to avail themselves of 
such provisions shall call a meeting of the stockholders for the purpose 
of determining what amount of the indebtedness of the corporation shall 
be paid by each stockholder; and they shall give thirty days' notice to 
the stockholders, in writing, or by publication in some newspaper of 
general circulation in the county where the corporation is located, of 
the time, place, and purpose of the meeting, at which the trustees shall 
submit a detailed statement showing the assets and indebtedness of the 
corporation. (58 v. 20, §§ 2, 3 ; S. & S. 108.) 

Sec. 3755. [Meeting may fix amount of assessment.] A majority 
in interest of the stockholders present at such meeting may determine 
what amount of the indebtedness of the corporation shall be paid by 
each stockholder, and fix the time or times, and the mode, for the pay- 
ment of the amount of money assessed against each stockholder; but 



224 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

these provisions shall not interfere with or abridge the right of any 
creditor of the corporation to institute any proceedings authorized by 
law to enforce the liability of stockholders. (58 v. 20, § 4; S. & S. 
108.) 

Sec. 3756. [How much may be assessed, and collection thereof.] 
The assessment shall be pro rata upon the stock subscribed or other- 
wise acquired by each stockholder, and in no case shall exceed the 
amount for which each stockholder is or may be liable by law ; and a 
stockholder who fails to pay, as required by the assessment, the amount 
so assessed against him, shall be liable in a civil action, to be brought 
in the name of the corporation, for the recovery thereof, as in other 
cases of indebtedness. (58 v. 20, §§ 5, 6; S. & S. 108, 109.) 

Sec. 3757. [The board of military academies; how constituted, 
etc.] The academic board of an institution incorporated for military 
and polytechnical education shall consist of the superintendent of the 
institution, the commandant of cadets, and the professors, and may 
make and enforce rules and regulations for the government of cadets ; 
but such rules and regulations must be first submitted to and approved 
by the governor of the state. (64 v. 239, §§ 1, 2 ; S. & S. 109. ) 

Sec. 3758. [Board of visitors; how constituted.] The board of 
visitors of such institution shall consist of the governor who shall be 
ex-officio a member and the president of the board, of two other per- 
sons to be named by the governor, and such other persons as the super- 
intendent of the institution may appoint. (64 -v. 239, § 3 ; S. & S. no.) 

Sec. 3759. [Duties of board of visitors.] The board of visitors 
shall meet annually at the institution, on the first day of the annual com- 
mencement exercises, and examine into the condition of the classes, 
quarters, and commons, and the discipline, drill, records of standing in 
study, and conduct of the cadets, and shall report on same to the legis- 
lature at its next annual session ; but the board of visitors, or any member 
thereof, may visit and inspect the institution at any time. (64 v. 239, 
§ 4; S. & S. no.) 

Sec. 3760. [How the term of office of trustees and visitors may 
be fixed.] At a regular meeting for the election of directors or 
trustees of any college or other institution of learning, the authorized 
voters may determine, by vote, whether the election of directors or trus- 
tees shall be held annually, if the term of their election is for a longer 
period than one year, and also what proportion of the entire board shall 
be elected annually ; at the first election held under the provisions of 
this section the voters shall designate upon their ballots who shall serve 
for one year, who for two years, and who for three years ; and vacancies 



OHIO SCHOOL LAWS. 225 



Colleges and Institutions of Learning. Ch. 14. 

caused by expiration of term of office shall be filled by election annually 
thereafter. (70 v. 125, § 1.) 

Sec. 3761. [Certain corporations may change location.] The 

trustees of colleges and other institutions of learning not endowed by 
voluntary contributions, which have been established under special acts 
of incorporation, and which by the provisions of such acts are located 
at particular places, may change the location thereof to such other places 
as they may deem proper, and erect and maintain academies and other 
schools auxiliary thereto. (70 v. 248, § 1.) 

Sec. 3762. [Sale and distribution of the property of certain cor- 
porations.] The trustees of any university, college, or other institu- 
tion of learning, incorporated by the authority of this state under 
special charter, owned in shares or stock subscribed or taken, may 
dispose of its property at public sale, upon such terms as to payment 
as the stockholders thereof, by a vote of three-fourths of the shares 
or stock of the institution, may direct, after giving public notice of 
the same, by publication, for six consecutive weeks in some news- 
paper published in the county where the institution is located, if one 
is published therein, and if not, then in some newspaper published 
in this state, and of general circulation in such county, which notice 
shall contain a full statement of the terms, time, and place of sale, 
and the action of the trustees as aforesaid ; and the trustees may cIosq 
up the corporate existence of such institution, and make an equitable 
division and distribution of the proceeds of the sale among all the hold- 
ers of shares or stock, after the payment of the just debts of the cor- 
poration. (67 v. 24, § 1.) 

Sec. 3762a. [Certain colleges, whose articles of incorporation are 
not on file in the office of the secretary of state, may file same there and 
amend.] The trustees of any university, college or institution of 
learning, incorporated by the authority of this state, or under the gen- 
eral corporation laws thereof, owned in shares of stock subscribed and 
paid up in full, by a majority of the owners of such stock, for the sole 
purpose of promoting education, religion and morality, or the fine arts, 
exclusively among males or females, may, on the written petition of 
the owners of the majority of such stock filed before them, or on the 
vote of the owners of the majority of such shares of paid up stock at 
any general meeting of the stockholders called for such purpose, after 
thirty days' notice published in some newspaper published and of gen- 
eral circulation in the county, by the board of trustees, may change 
the name and enlarge the purposes and objects of any such university,, 
college or institution, by amendments to its charter, approved by the 
owners of the majority of such stock for the change of the name and 

15 0. s. L. 



226 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

the enlargement of the purpose and object of such university, college 
or institution of learning, so that all the educational rights and priv- 
ileges thereof may be bestowed in the co-equal and co-ordinate edu- 
cation of both sexes. When such amendment is adopted and the 
original articles of incorporation of said corporation have not been filed 
and recorded in the office of the secretary of state, a copy of such 
amendment and copy of the original articles of incorporation of said cor- 
poration, with a certificate to each of them thereto affixed, signed by 
the president and secretary of said corporation, and sealed with the 
corporate seal, if any there be, stating the fact and date of the adop- 
tion of such , amendment, and that such copy of said amendment, and 
that such copy of said original articles of incorporation of said cor- 
poration are and is a true copy of the originals, shall be recorded 
in the office of the secretary of state, and when so recorded, and not 
until then, said amendment shall become and be in law the sole ar- 
ticles of incorporation of said corporation; and all the property, real 
and personal and title thereunto, and all the rights and credits, shares 
of stock, and rights of stockholders, corporate franchises, and all en- 
dowment fund or funds, or gift or bequest, or legacies or mortgage 
securities and promissory notes, and rights of every kind belonging 
to, vested in or claimed, or possessed by the said original corporation, 
shall by said amendment pass to, be assigned and transferred and 
vested in and held, enjoyed and exercised by the said corporation named, 
created and organized by said amendment for the promotion of all 
the objects and purposes of its creation and organization. For re- 
cording such amendments and copies of such original articles of in- 
corporation, and for furnishing a certified copy or copies thereof,' the 
secretary of state shall receive a fee of twenty cents per hundred words, 
to be in no case less than five dollars. (1888, April 14; 85 v. 270.) 

Sec. 3762^. [Colleges may change name and purpose, when; pro- 
cedure; fees.] That the board of trustees of any university, college 
or institution of learning, incorporated by the authority of this state. 
or under the general corporation laws thereof, for the sole purposes of 
promoting education, religion and morality, or the fine arts, may, at any 
regular or special meeting of such board of trustees, called for such 
purpose, after thirty days' actual notice to each and all of such trus- 
tees, change the name and enlarge the purposes and objects of any 
such university, college or institution of learning, by amendment to 
its charter, approved by a majority of such board of trustees at such 
regular or special meeting, so called and so notified, for the change of 
such name and the enlargement of the purposes and objects of such 
university, college or institution of learning. When such amend- 
ment is so adopted by the board of trustees of any university, coK 



OHIO SCHOOL LAWS. 



227 



Colleges and Institutions of Learning. Ch. 14. 



lege or institution of learning, already incorporated by the authority 
of this state, or under the general corporation laws thereof, a copy 
thereof, with a certificate thereto affixed, signed by the president and 
secretary of such board of trustees, and sealed with the corporate seal, 
if any there be, stating the fact and date of such amendment, and that 
such copy is a true copy of the original amendment, shall be filed 
and recorded in the office of the secretary of state, and when so filed 
and recorded, and not until then, said amendment shall become and 
be in law an integral part of the articles of incorportion of said cor- 
poration, and all the property, real and personal, the title thereto, and 
all the rights and credits, corporate powers and franchises, and all 
endowment fund or funds, gifts and bequests, legacies, mortgage se- 
curities and promissory notes, and all powers, rights and privileges of 
every kind belonging to, vested in, claimed or possessed by said original 
corporation shall, by said amendment, pass to, be assigned, transferred 
and vested in, and held, enjoyed and exercised by the said corporation, 
named, created and organized by said amendment for the promotion 
of all the objects of its ereation and organization. And said new cor- 
poration shall be liable for and perform all the lawful obligations, con- 
tracts and undertakings of said original corporation. For recording 
such amendment and furnishing a certified copy or copies thereof, the 
secretary of 6tate shall receive a fee of twenty cents per hundred words, 
to be in no case less than five dollars. (87 v. 8.) 

Sec. 3763. [Restrictions under which medical colleges and teach- 
ers may receive bodies for dissection.] All superintendents of city 
hospitals, directors or superintendents of city or county infirmaries, 
directors or superintendents of work-houses, directors or superinten- 
dents of asylums for the insane, ox other charitable institutions founded 
and supported in whole or in part at public expense, the directors or 
warden of the penitentiary, township trustees, sheriffs, or coroners, 
in possession of bodies not claimed or identified, or which must be 
buried at the expense of the county or township, shall, before burial, 
hold such bodies not less than thirty-six hours and shall notify the pro- 
fessor of anatomy in any college which by its charter is empowered 
to teach anatomy, or the president of any county medical society of 
the fact that such bodies are being so held and shall, before or after 
burial, by such said superintendent, director, or other officer, on the 
written application of the professor' of anatomy, the president of any 
county medical society, deliver to such said professor, or president, 
for the purpose of medical or surgical study or dissection, the body 
of any person who has died in either of said institutions from any disease, 
not infectious, if such body has not been requested for interment by 
any person at his own expense ; 



228 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

[Body to be delivered to claimant.] If the body of any deceased 
person so delivered, be subsequently claimed, in writing, by any rela- 
tive or other person for private interment, at his own expense, it shall 
be given up to such claimant; 

[Interment of body after examination or dissection.] After such 
bodies shall have been subjected to such medical or surgical examination 
or dissection, the remains thereof shall be interred in some suitable place 
at the expense of the party or parties in whose keeping said corpse has 
been placed. 

[Notification to relatives of deceased person.] In all cases it 
shall be the duty of the officer having such body under his control to 
notify or cause to be notified, in writing, the relatives or friends of such 
deceased person; 

[Penalty for refusal to deliver body, or acceptance of considera- 
tion for same.] And any superintendent, coroner, or infirmary direc- 
tor, sheriff, or township trustee, failing or refusing to deliver such bodies 
when applied for, as herein provided, or who shall charge, receive, or 
accept money, or other valuable consideration for the same, shall be fined 
in any sum not exceeding one hundred dollars, and not less than twenty- 
five dollars, or be imprisoned in the county jail not exceeding six months ; 
provided, however, that in no case shall the body of any such deceased 
person be delivered until twenty-four hours after death. 

[Body of stranger or traveler.] The bodies of strangers or trav- 
elers, who die in^any of the institutions herein named, shall not be de- 
livered for the purpose of dissection, except said stranger or traveler be- 
long to that class commonly known as tramps ; and all bodies delivered 
as herein provided shall be used for medical, surgical and anatomical study 
only, and within this state, 

[Unlawful to have unauthorized body in possession; penalty.] 
And the possession of the body of any deceased person for the above 
purposes, and not authorized under this section, shall be unlawful, and 
the detention of the body of any deceased person, claimed by relatives or 
friends for the interment at their expense, shall also be unlawful, and 
the person so detaining said body unlawfully, shall be fined in any sum 
not exceeding one hundred dollars, nor less than twenty-five dollars, or 
be imprisoned in the county jail not exceeding six months. (93 v. 84; 
78 v. 33; Rev. Stat. 1880; 67 v. 25, § 1.) 

Sec. 3764. [Penalty for having unlawful possession of corpse.] 
Any person, association, or company, having unlawful possession of the 
body of any deceased person shall be jointly and severally liable with 
any and all other persons, associations, and companies that had -or have 
had unlawful possession of such corpse in any sum not less than five 
hundred dollars and not more than five thousand dollars, to be recovered 



OHIO SCHOOL LAWS. 229 



Colleges and Institutions of Learning. Ch. 14. 

at the suit of the personal representative of the deceased in any court 
of competent jurisdiction, for the benefit of the next of kin of deceased. 

Sees. 3765-3766. Repealed 1880, March 26; yy v. 85. 

Sec. 3767. [Organic rules which may be prescribed in certain 
articles of incorporation.] An association incorporated for the pur- 
pose of receiving gifts, devises or trust funds to erect, establish, or main- 
tain an academy in any department of fine arts or a gallery for the exhi- 
bition of paintings or sculpture or works of art, or a museum of natural 
or other curiosities, or specimens of art or nature promotive of knowl- 
edge, or a law or other library, or courses of lectures upon science, art, 
philosophy, natural history, or law, and to open the same to the public 
on reasonable terms, or an industrial training school, or a mechanics' in- 
stitute for advancing the best interest (s) of mechanics, manufacturers 
and artisans, by the more general diffusion of useful knowledge in those 
classes of the community, or homes for indigent and aged widows and 
unmarried women and whose directors or trustees may be of either sex, 
may in its articles of incorporation prescribe the tenure of office of the 
trustees or directors, the mode of appointing or electing successors, the 
administration and management of the property, and trust and other 
funds of the corporation, and such other organic rules as may be deemed 
expedient or acceptable to donors which shall be and remain the per- 
manent organic law of the corporation. (1887, February 21 ; 84 v. 31 ; 
83 v 40; Rev. Stat. 1880; 75 v. 135, §§ 1, 3.) 

Sec. 3768. [May add to the objects of the corporation; accept- 
ance of statutory provisions.] Such corporations may by certificate, 
duly acknowledged by the trustees or directors, and filed in the office of 
the secretary of state, add to the original objects and purposes of the 
corporation any of the several objects and purposes, mentioned in the 
preceding section which were not provided for by the articles of incor- 
poration, and in any such corporation heretofore incorporated under the 
laws of the state may by certificate, reciting the organic rules adopted 
by such corporation as its permanent organic law, and duly acknowledged 
by the trustees or directors, and lodged in the office of the secretary of 
state, except the provisions of the preceding section. (1886, March 26; 
83 v. 41; 75 V. 135, §3.) 

(3768-1) Sec. 1. [Authorizing certain mechanics' institutes to 
borrow money; liability of directors and trustees.] Any mechanics' 
institute, incorporated under the laws of this state prior to the year 
eighteen hundred and fifty-one, be and it is hereby authorized and em- 
powered to borrow money, issue bonds or notes therefor, at no more 
than the legal rate of interest, and secure the same by mortgage upon its 
real estate. (82 v. 118.) 



230 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

(3768-2) Sec. 2. [Directors not personally liable.] The direc- 
tors and trustees of such corporation shall not be personally liable for 
debts contracted by virtue of this act. (82 v. 118.) 

Sec. 3769. [Accounts and receipts of disbursements.] The offi- 
cers of the corporation charged or intrusted with the receipts and dis- 
bursements of its funds or property shall make and keep like accurate 
and detailed accounts of such funds, and the receipts and disbursements 
thereof, as are required to be kept by the fund commissioners of the state ; 
the trustees shall, on or before the third Monday in January of each year, 
file with the clerk of the court of common pleas of the county in which 
the corporation is located an abstract of their account, which abstract 
shall correspond in date, amount, person to whom paid, and from whom 
received, and on what account, with the voucher taken or given on 
account of such receipts and disbursements ; they shall at the same time, 
annually, file in such clerk's office a report of the names of the donors, 
the kind, amount, or value of gifts of each, and a brief statement of the 
conditions and purposes of the gifts ; and the filing of such abstract and 
report, and the supplying of any omission in either, may be enforced by 
order and attachment of the court of common pleas of the proper county, 
against the trustees, on motion of any respectable citizen. (75 v. 135, 

§40 

Sec. 3770. [Trustees ineligible to other office.] No trustee shall 
be eligible to any office or agency of the corporation to which any salary 
or emoluments is attached, nor •shall the trustees be allowed any salary, 
emoluments, perquisites, except the right of free ingress to the grounds, 
rooms, and buildings of the corporation. (75 v. 135, § 5.) 

Sec. 3771. [Attorney general may, by action, enforce duties of 
officers.] On application to the attorney general of five citizens of the 
proper county, in writing, verified by the oath or affirmation of one of 
them, setting forth specific charges against any of the fiscal or other 
agents or trustees of such corporation, involving a breach of trust or 
duty, he shall give notice thereof to the trustees or agents complained 
of, and inquire into the truth of such charges, and for this purpose he 
may receive affidavits, or enforce, by process from the court of common 
pleas of Franklin county, the production of papers and the attendance of 
witnesses before him ; and if, on testimony or other evidence, he believes 
the charges, or any of them, to be true, he shall proceed, by action in that 
court, in the name of the state, against the delinquent trustee or trustees, 
fiscal agent or agents, and, on the hearing, the court may direct the per- 
formance of any duty, or the removal of all or any of the agents or 
trustees and decree such other and further relief as may be equitable. 
(75 v. 135. § 6.) 

Sec. 3771a. [How number of trustees of certain colleges in- 



OHIO SCHOOL LAWS. 1- 3 1 



Colleges and Institutions of Learning. Ch. 14. 

creased.] The board of trustees of any university or college here- 
tofore incorporated, but not under the patronage of conferences or other 
ecclesiastical bodies of any religious denomination, as described in section 
3736, may increase the number of such trustees to twenty-four, ex- 
clusive of the president, or a less number, and may divide said trustees 
into six classes, each class to serve six years, and one class to be chosen 
each year, for said term ; but one trustee of each class may be chosen by 
the votes of the alumni of such university or college, if the board of 
trustees shall so provide by by-law, in which case it shall also be the duty 
of the board of trustees to provide, by such by-laws, a method of nomi- 
nating and electing such appointee of the alumni. The president of such 
university or college shall, ex-officio, be a trustee perpetually, and shall 
not be included in the classes going out in rotation. If it shall be neces- 
sary, in the first enlargement of the board of trustees, under this section, 
to distribute new members to the several classes, whose terms shall ex- 
pire by rotation, the distribution may be made in such manner as the 
board may direct, so that no trustee shall be elected for a longer term than 
six years. (87 v. 188; 86 v. 341.) 



APPENDIX. 



FORMS AND INSTRUCTIONS. 



I. NOTICE OF ELECTION. 

Notice is hereby given that an election for members of the board of education 
school district, county, Ohio, will be held on the day 



of November, 190—, at the usual voting places in said district. At said election 
there will be [state number of members to be elected and length of term.] 

, Clerk of the Board of Education. 

, Ohio. 

, 190—. 

Note : — Notices must be published in a newspaper of general circulation in 
the district or posted in five public places in the district at least ten days before 
elections. All school elections, except those for director in township subdistricts, 
are conducted under the general election laws. 



II. NOTICE OF ELECTION IN SUB-DISTRICTS. 

Notice is hereby given to the qualified voters of sub-district No. , of 



township, county, Ohio, that the next annual school meeting for the elec- 
tion of a director in said district will be held at the school house in said 

sub-district on Monday, the day of April, 19—, beginning at o'clock 

p. m. [a. m.], and closing at o'clock p. m. [a. m.] 

, Director. 

Note: — The above notice to be posted in three or more conspicuous places, 
at least six days prior to the election. Section 3921a. 



III. POLL BOOK 

Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19—. 

A. B., Chairman, and C. D., Clerk, judges of said election, were severally 
sworn, as the law directs, previous to their entering on the duties of their 
respective offices. 



(233) 



234 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



Number and names of electors. 



Number and names of electors. 



No 1 




No. 5 
6 

7 
8 


. 


2 






3 






4 













It is hereby certified that the number of electors who voted at this election 



-, Chairman. 
-, Secretary. 

Judges. 



IV. TALLY SHEET 



Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 



year A. D. 19 — , to elect a director for said sub-district 








Names of Candidates. 


Tallies, showing number of votes 
given for each candidate. 


Total. ' 


5 


10 


15 


20 


25 














































































* 





































We hereby certify 

That 

That = 

That 



received 
received 
received 



votes for director, 
votes for director, 
votes for director. 



And that 



was duly elected director for a term of one year. 

, Chairman. 

, Secretary. 

Judges. 



OHIO SCHOOL LAWS. 235- 



Forms and Instructions. 



The poll book and tally sheet must be signed by the judges of election before 
they separate. No signing after such separation is valid. They must be delivered 
within eight days to the clerk of the board of education. 

V. MINUTES OF SUB-DISTRICT SCHOOL MEETING. 



Sub-District, No. 



Township, County, Ohio. 

, 19-. 

At a meeting of the qualified voters of said sub-district, held on the 

day of April, 19 was appointed secretary. 

Whereupon said voters proceeded to elect by ballot, a director of said sub- 
district for the term of one year, and upon inspection of the several ballots given 

at said election, it was found and publicly declared, that 

was duly elected for the term of one year. 



Chairman. 
Secretary. 



VI. APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. 

This is to certify that has been appointed director 

of sub-district number , township, county, Ohio, to 

fill the vacancy caused by of said appointment to 

extend until the next annual election as provided for in section 3921a. 

, Ohio. 

, 190 — . , President. 

Attest : 

, Clerk. 

VII. OATH OF SCHOOL DIRECTOR. 

The following oath which may be administered by the clerk or any other 
member of the board of education, should be taken by each director before enter- 
ing upon the discharge of his duties. 

You, , do solemnly swear [or affirm] that you will support the 

constitution of the United States, and the constitution of the State of Ohio, and 
that yo.u will faithfully and impartially discharge the duties of director, in and 
for said sub-district, number , township, county, Ohio, accord- 
ing to law and the best of your ability. 

See section 3921a. 

VIII. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be trans- 
ferred and united with sub-district number , so much of sub-district number 

, as is bounded as follows : [describe boundary.] 

Resolved by the board of education of township, That sub-district 

number is hereby abolished, and there is hereby transferred to and united 

with sub-district number , so much of the territory of said abolished sub- 
district as is bounded as follows: [describe boundary], and so much of said abol- 
ished sub-district as is not herein united with sub-district number , is trans- 
ferred to and united with sub-district number . This resolution shall take- 
effect on the day of , 19 — . 



236 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Resolved by the board of education of township, That so much of 

sub-district number , as is bounded as follows: [describe boundary], be cut 

off from said sub-district, and that so much of sub-district number as is 

bounded as follows: [describe boundary], be cut off from said sub-district, and 
that the territory thus cut off from sub-districts numbers and , respec- 
tively, is hereby consolidated and formed into a new sub-district and designated 
sub-district number of township. 

Resolved by the board of education of township, That sub-districts 

numbers and are hereby abolished, and that the territory included in 

said sub-districts at the time of their abolishment is hereby consolidated and 

formed into a new sub-district, and designated sub-district number of 

township. This resolution shall take effect on the day of , 19 — . 

Note : — When a new sub-district is formed the township board should ap- 
point a director as provided in section 3921a. 

IX. RESOLUTIONS ON BOND ISSUE. 

Resolved, By the board of education of school district, 

county, Ohio, That it is necessary for the proper accommodation of the schools 

of said district that [state nature of improvement], that it will require $ 

to make said improvement, that the funds at the disposal of said board or that 
can be raised under the provisions of section 3994 of the Revised Statutes of 
Ohio, are not sufficient to accomplish said purpose and that a bond issue is 
necessary, it is therefore further , 

Resolved,- That an election be held in said school district on the question 

of the issuing of bonds in the sum of $ for the purpose herein specified, 

on the day of 190 — , and that the clerk of the board be 

directed to forward a copy of these resolutions to the deputy state supervisors 
of elections and request said supervisors to provide election supplies and con- 
duct said election, and that the clerk be also directed to publish the notices of 
said election as provided by law. 

X. NOTICE OF ELECTION FOR BOND ISSUE. 

Notice is hereby given by the board of education of school 

district, county, Ohio, that there will be an election held in said 

district at the usual voting place [places], between the hours of 5:30 a. m. and 

5:30 p. m., on the day of , 190 — , to consider the question 

of a bond issue in the sum of $ , for the purpose of [here state purpose] 

as provided in section 3991 of the Revised Statutes of Ohio. 

By order of the board of education. 



Clerk. 



-, Ohio. 
190—. 



FORM OF BALLOT. 





For Bond Issue in the Sum of $ 


, Yes. 


For Bond Issue in the Sum of $ 


, No. 



OHIO SCHOOL LAWS. 237 



Forms and Instructions. 



All elections on school questions should be held under the supervision of the 
regular election officers and the ballots be made to conform to the provisions of 
the general election laws. 

XL PETITION FOR SPECIAL SCHOOL DISTRICT. 

To the Probate Judge of County, Ohio: 

We, the undersigned petitioners, being male citizens and electors of a pro- 
posed special school district, respectfully request that a special school district be 
established from the territory herein described for the following reasons : [give 
reasons.] Said special school district to be bounded and described as follows: 
[Give description in full]. 

Respectfully submitted, 
, Ohio. 

, 190—. 



Note : — The above petition must be signed by at least ten male electors 
and must be accompanied by a certificate from the county auditor giving the 
total tax valuation of the proposed district, an accurate map of the same and 
an undertaking with security for costs in the sum of $100. 

XII. NOTICE OF SPECIAL MEETINGS. 

Notice is hereby given that there will be a meeting of the board of educa- 
tion of school district, county, Ohio, on the day of 

, at o'clock , at -, to consider any business which 

may be considered necessary. 



-, Clerk. 



19—. 



Note : — A special meeting may be called by the president, clerk or two mem- 
bers of the board. 

XIII. TEACHER'S CONTRACT. 

An agreement entered into between , of , county, 

Ohio, and the board of education of — '■ school district in county, 

Ohio ; the said hereby agrees to teach in the public schools of said 

district for a term of months, and also agrees to abide by and maintain 

the rules and regulations adopted by said board for the government of said 
schools of said school district. And in consideration of such services, the said 

board of education agrees to pay the said the sum of — dollars, 

payable monthly at the office of the treasuier of the board of education. 

Entered into this day of , 19 — . 

— , Teacher. 

■ , President. 



— , Clerk. 



Any special provisions may easily be inserted. 



:238 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



XIV. ORDER ON THE TREASURER. 
(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



PC 



No. Office of Board of Education School District. 

$ — , Ohio, ■ , 19—. 

THE TREASURER OF SAID SCHOOL DISTRICT . 

Will Pay to 

DOLLARS, 



out of 



For 



Fund in the Treasury. 



By Order of the Board of Education. 
, President. , Clerk. 



XV. ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A 

DEPOSITORY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



& 



No. Office of Board of Education School District. 

$ , Ohio. , 19—. 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 

DOLLARS, 



out of 
For — 



Fund in the Treasury. 



By Order of the Boarb of Education. 
, President. , Clerk. 



Payable at 



Bank, 



, Ohio. 

-, Trfasurer. 



OHIO SCHOOL LAWS. 



239 



Forms and Instructions. 



XVI. CERTIFICATE OF ANNUAL SCHOOL LEVY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 

To the Auditor of County : 

It is hereby certified by the Board of Education of 

School District, County, that the entire amount 

necessary to be levied upon the property of said school district for school pur- 
poses, during the next school year, as directed by Sec. 3958 R. S., is as follows : 



For Tuition Fund 


mills. 

mills. 

mills. 

mills. 

mills. 


$. 
$• 
$• 
$. 
$. 






For Building Fund 

For Contingent Fund 














For 






By Order of the Board of Education. 
, Ohio 


19 


Clerk. 



XVII. CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as required by law, of all the money, 

bonds and securities in the hands of , treasurer of school district 

county, Ohio, made this day of , 19 — , in the presence of the 

-clerk of the board, we find dollars [and bonds, etc., in value amounting 

to dollars] of school funds to be in the treasury on the date above 

named, and we have directed the clerk to enter upon the records of the board 
a copy of this report. 



Board {or committee.) 

Attest : ■- , President. 

, Clerk. 

[See section 4043, Revised Statutes.] 

XVIII. TRANSFER OF TERRITORY. 

(Minutes of Boards.) 

Resolved, That the following described territory be and the same is hereby 

transferred from school district, county, Ohio, to school 

district, county, Ohio, subject to the provisions of section 3894, Revised 

Statutes o'f Ohio [give description.] 

Resolved, That the clerk be instructed to notify the board of education of 

school district of county, Ohio, of the passage of this resolution, 

and upon similar action being taken by said board that said clerk file a cer- 
tified copy hereof with the county auditor, together with a correct map of the 
"territory described. 

Note: — A majority of the full membership of the boards is necessary to 
^carry such a resolution and a yea and nay vote is required. 



240 OHIO SCHOOL LAWS. 



Forms and Instructions. 



. 'XIX. LEASE TO SCHOOL DISTRICT. 

Know all men by these presents: 

That , of the county of , and State of , for the con- 
sideration herein mentioned, does hereby lease unto the board of education of 

the township of , county and state aforesaid, its successors and assigns, 

the following premises, to-wit: [Here insert description], with all the privileges. 
and appurtenances thereunto belonging ; to have and to hold the same for and 

during the term of years from the day of , 19 — . And the said 

board of education for itself and assigns, does covenant and agree to pay the 

said for the said premises, the annual rent of dollars. [Insert 

date and place of payment.] 

In witness whereof, the said parties hereunto set their hands, this 

day of , 19 — . 

, Lessor. 



President of the Board. 
, Clerk. 



Signed, sealed, and acknowledged in the presence of 



State of Ohio, County, ss.: 

Before me, a in and for said county, personally appeared «> 

grantor in the above instrument, and acknowledged the same to be volun- 
tary act and deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name and affixed my 
seal, this day of , A. D. 19 — . 



(Title.) 

If the lease be for three years or more, it must be acknowledged, attested by 
two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 4112. The consideration may be money or any- 
thing else, and the form varied accordingly. The above form is for a long lease. 

XX. OATH OF CLERK OF BOARD OF EDUCATION. 

The State of Ohio, County, Township, ss.: 

Before me, , personally came , who, being duly sworn 

according to law, says that he will support the constitution of the United States 
and the constitution of the state of Ohio ; and that he will faithfully discharge 

his duties as clerk of the board of education of the school district 

in ; county, Ohio, during his term of office, and until his successor is 

chosen and qualified. 



of said Board. 

Sworn to before me and signed in my presence, on day of 

A. D. 19—. 

(Title.) 



OHIO SCHOOL LAWS. 241 



Forms and Instructions. 



XXI. CLERK'S BOND. 
Know all men by these presents, That we, - 



held and firmly bound unto the state of Ohio, in the sum of dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. nineteen hundred 

and . 

Whereas, the said has been duly chosen and qualified as clerk of 

the board of education of district , in township, county, 

and state of Ohio, for the term of one year from the day of January, A. D. 

19 — , and until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully perform all the official duties required of him as clerk of said board, 
then this obligation will be void ; otherwise it shall be and remain in full force. 



The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 19—. 



President of said Board. 



Clerk of said Board. 

XXII. FINAL RECEIPT OF CLERK. 

, Ohio, , 19—. 



Received of , late clerk of school district, the sum of 



dollars, the record book, account book, school laws, teachers' certificates and 
reports, and the other official books and papers in his hands. 

, Clerk. 

See section 4054. 

XXIII. OATH OF TREASURER OF BOARD OF EDUCATION. 
The State of Ohio, County, ss.: 

Before me, , personally came : , who, being duly sworn 

according to law, says that he will support the constitution of the United States, 
and the constitution of the state of Ohio; and that he will faithfully discharge 

his duties as treasurer of the board of education of the school district 

county, Ohio, during his continuance in said office, and until his 

successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of 

19 — , by the said . 



of said Board. 

XXIV. TREASURER'S BOND. 
(Other than township.) 

We hereby asknowledge ourselves as firmly held unto the state of Ohio in 

the sum of dollars for the payment whereof we jointly and severally 

bind ourselves, our heirs, executors and administrators. 

16 o. s. L. 



242 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Signed and sealed by us, this day of A. D. 19 — . 

The condition of the above obligation is this, that the said has 

been duly chosen and qualified as treasurer of the board of education of 

district of . in township, county, and state of Ohio, for 

the term of one year from the day of January, A. D. 19 — , and until his suc- 
cessor is chosen and qualified; now if the said shall faithfully dis- 
burse, according to law, all school funds which come into his hands, then this 
obligation shall be void; otherwise it shall be and remain in full force and effect. 



XXV. FINAL RECEIPT OF TREASURER. 



Ohio, , 19—. 



Received of , late treasurer of school district 

county, the sum of dollars, and the following securities, bonds, and 

other school property, to-wit : 

, Treasurer. 

i 

XXVI. COMPLAINT IN REGARD TO SCHOOL FUNDS. 

To the State Commissioner of Common Schools: 

Sir : I respectfully submit the following state of facts as existing in 

school district, county, Ohio. 

(Statement of complaint containing one of the causes mentioned in secti6n 
364, R. S.) 

In consideration of the above statement I respectfully lequest the appoint- 
ment of some competent accountant to investigate the condition of the school 
funds of said district. 

, Complainant. 

State of Ohio, — ■ County, ss.: 

I, , , and , do solemnly swear (affirm) 

that the statements made in the foregoing complaint are true to the best of my 
knowledge and belief. 



Sworn to by , , and . and subscribed in 

my presence this day of — : , 19 — . 



(Title.) 

I hereby certify that — — , , and — , are 

freeholders and taxpayers, residents of school district. 



County Auditor. 
-, Ohio, , 19—. 



OHIO SCHOOL LAWS. 243 



Forms and Instructions. 



COMPULSORY EDUCATION LAW. 



XXVII. NOTICE TO PARENT OR GUARDIAN. 

State of Ohio, County, ss.: 

To ..." 

You are hereby notified that , a child between the ages of 

and . . .t years, under your charge, is not attending school, that such non- 
attendance is in direct violation of the law and without legal excuse. 

You are hereby required to cause said child to attend some recognized school 
within two days from the date of this notice, and you are warned that if the 
truancy of said child is persisted in the final consequences will be as provided 
by law, as indorsed hereon. 

Witness my hand this day of , 19. . 



Truant Officer. 

, school district, county, Ohio. . 

Print sections 4022-7 and 6986-7, R. S., on reverse side of form. 



XXVIII. NOTICE TO TRUANT. 

State of Ohio, County, ss.: 

To , a child between the ages of and years. 

You are hereby notified that you are and will be required to attend some 
recognized school within two days from the date of this notice, and you are 
hereby warned that if this notice is not complied with the final consequences 
will be as provided by law as indorsed hereon. 

Witness my hand this ...... day of , 19. . 



Truant Officer. 

, school district, county, Ohio. 

Print section 4022-8 in full on reverse side of form. 



XXIX. NOTICE TO EMPLOYERS OF YOUTH. 

To [Here insert name of person, company or corporation] : 

Your attention is respectfully called to sections 4022-2, 4022-3, 4022-5 and 
4022-11, 6986-7, R. S., to compel the elementary education of children. 

In compliance with the provisions of this act, you are requested to return to 
me on this blank the names, ages, and add residences of all minors under four- 
teen years of age employed by you, also all minors between fourteen and six- 
teen years of age, and to state whether you have a certificate from the superin- 
tendent of schools, or clerk of the board of education that authorizes you to 
employ such minors. 



Clerk of Board of Education. 



244 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



Names of Minors. 


Age. 


Residence. 


Certificate — Yes or No. 






























- 













































In cities this notice may be signed by the superintendent of schools. 

This certificate must be kept on file until the youth reaches the age of six- 
teen years and must be accessible to the Truant Officer and the Inspector/ of 
Factories at all times. 



XXX. AGE AND SCHOOLING CERTIFICATE. 

(For minors under sixteen years of age. Employed at Labor.) 
This certifies that I am the of and 

(Parent or guardian) (Name of child) 

that was born at in the county of ., state of 

on the .... day of , 18. ., and is now .... years .... months old. 



(Name of parent or guardian) 

The said having satisfactorily verified the fore- 

(Name of parent or guardian ) 
going statement I hereby approve the above certificate of ; 

(Name of child ) 

height .... feet .... inches ; complexion ; hair . . . . ; having no sufficient 

reason to doubt that .... is of the age therein certified. 

I hereby certify that can read at sight and write legibly 

(Narce of child ) 
simple sentences in the English language. 

This certificate belongs to and is to be surrendered to 

(Name of child) 

whenever .... leaves the services of the person, company or corporation holding 
the same; but if not claimed by said child within thirty days from such time, 
it shall be returned to the superintendent of schools. 

Signature , 

, 190.. . Stipt. of Schools. 



OHIO SCHOOL LAWS. 



245 



Forms and Instructions. 



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o 



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u 

I — I 

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P 

O 

H 
& 
O 

w 



X 



s 

s 



-5 -g 






G 8 

t> c 



hi 



IS 

o 


Complaint entered 
of juvenile disor- 
derly. 


>> 

P 
























C 

o 
























Complaint entered 
on refusal, fail- 
ure or neglect. 


>> 

P 
























c 
o 
























o c 

■n rt 
o C 

O rt 


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— ; 








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en 

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r— 




C/2 






















< 
1 
























Name of truant or non- 
attendant reported. 


# 



















240 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



XXXII. TEACHER'S REPORT. 

(Section 4022-60 

, Ohio , 19.. 

To the Clerk of the Board of Education of , County, Ohio. 

The following is a correct list of the pupils attending my school during 

the month ending , 19. . 

, Teacher. 



Names of Pupils. 


Age. 


Residences. 






























' 



























OHIO SCHOOL LAWS. 247 



Index. 



INDEX. 



A 
Absence. 

PAGE 

Excuse for, 4022-1 134 

Habitual truant, punishment, 4022-4-7-10....... 136, 138, 140 

Abstract. 

Enumeration, failure to transmit to county auditor, action taken, 4036. 155 

Auditor of county to transmit to state commissioner of common 

schools, 4039 157 

Statistics, transmitted by county auditor to state commissioner of 

common schools , 4060. 165 

Academy. (See College.) 

General provisions as to, 3726-3771a . 213-230 

Military, how constituted, 3757 224 

Board of visitors for, 3758, 3759 . . . 224 

Report of to state commissioner of common schools, 363 11 

Account. 

Clerk of school districts, how kept, 4055..... 162' 

Common school fund , 3954 , 3955 51 

Educational institutions, accounts of officers, 3769 230 

School funds, account of, by auditor of state, 3954, 3955 51 

Schools specially endowed accounts of, 4105-71 212 

Treasurer of school funds, accounts of, 4055 162 

University of municipality , trust funds , 4101 ..... .'. 189 

Accountant. 

Appointment of to investigate funds , 364 ............................ 11 

Powers, duties and compensation, 365 ._. .• 12 

Account Books. 

Clerks and treasurers furnished by county auditor, 4055 , 162 

Advertisement. (See Notice.) 

Building school houses, bids for, 3988 77 

Age. 

Youth of school age, 4013, 4030 119, 154 

Alcoholic Drinks. (See Scientific Temperance Instruction.) 



248 • OHIO SCHOOL LAWS. 



Index. 



Alumni. (See Colleges.) 

PAGE 

Election of trustees and visitors, by, 3747, 3749 219-220 

Appeal. 

County commissioners, when board of education fails to provide 

proper school facilities, 3969 58 

Probate court, excuse of child from school, to, 4022-1 134 

Special districts, creation of, 3928, 3929 40, 41 

Transfer of territory, 3895, 3896. 20 

Appointment. (See Respective Titles of Boards, Officers, Etc.) 

Apportionment. 

Salt lands, interest on proceeds of sale of, 3952 50 

State school funds, by auditor of state, 3956 51 

When county line divides original surveyed township, 3957 52 

School funds, by county auditors, 3964, 3966 55, 56 

Annexation of territory to city or village, after, 3896 20 

Distribution of money after apportionment, 3965 56 

Township to newly created special district, 3929 41 

Special district, after abandonment, 3929 41 

Transfer of territory, after, how made, 3896 20 

Village, surrender of corporate powers, after, 3889 18 

Appropriation. 

Cleveland public library, for, 4002-18 97 

Private property, of, for school purposes, 3990 78 

University of municipality, appropriation for, 4103 190 

Vote necessary for certain appropriations by board, 3982 70 

Art Association or College. 

Accounts, 3760 224 

Attorney general to enforce trusts of, 3771 230 

Bequests , etc. , may accept , 3727 214 

Objects, articles of incorporation may be extended to others, 3768... 229 

Trustees ineligible to office in, 3770 230 

Articles of Incorporation. 

Educational institutions, certain, 3762a 225 

Fine art, law, etc., association, what may provide, 3767 229 

Supplement for colleges, 3768 229 

Assessment. 

Colleges, etc., amount, how fixed, 3755. 3756 223-224 

Meeting for, 3754 223 

Stockholders, against, 3753. 223 



OHIO SCHOOL LAWS. 249 



Index. 



Assignment of Youth. 

PAGE 

Board of education may, 4013 119 

Astronomical Observatory. 

University of municipality, may establish , 4104 191 

Tax levy for, 4104 191 

Attendance. (See Compulsory Attendance.) 

Compulsory education , requirements , 4022—1 134 

Night schools, at, 4012, 4012a 119 

One and one-half miles from school, privilege of pupils living, 4022a. 133 

Non-residents, by agreement of boards of education, 4022 133 

Youth entitled to at school, free, 4013 119 

Attorney General. 

Educational institutions, duties as to, 3771 230 

Ohio State University board, legal advisor of, 4105-17 195 

Auditor. (See County Auditor.) 

Auditor of State. 

Apportionment of school funds, by, 3956 51 

Bequests to school funds, accounts of, 3955 51 

Ohio State University, duties as to, 4105-46, 4105-47, 4105-49, 4105-50.. 205-206 

Virginia military land, duties as to, 4105-48 , . . . 205 



B 

Ballot. (See Election.) 

City districts divided into sub-districts, form of, 3970-10 63 

School elections, deposited in separate box, 3970-10 63 

Special districts, furnished by deputy supervisors, 3931 42 

Abandonment or continuance, form of, 3935 43 

Ballot Box. 

Separate , for school elections , 3970-10 63 

Special districts, in, 3931 42 

Bequests. 

Boards of education may accept, 3975 68 

Cleveland library board may accept , 4002-4 93 

College or university may hold in trust, 3727 , 214 

Common school fund , to , how applied , 3955 51 

Library boards in city and village districts, may accept, 4002-44.... 106 

Ohio State University, bequests to, 4105-15". 195 

Toledo Library Board , may accept , 4002-31 101 



250 OHIO SCHOOL LAWS. 



Index. 



Bids, Bidders, Bidding. 

PAGE 

Bonds, bids for sale of may be received, 3992 80 

Depositories of school funds, competitive bidding for. 3968 57 

School houses, construction of, 3988 77 

Blanks. 

Board of education, report of, blanks for, 4058 164 

County auditor to distribute. 4058, 4060 164-105 

Blank books, furnished by, 4055 162 

Form of prescribed by state commissioner, 350, 4070 10, 169 

School youth, blanks for enumeration of, 4039 157 

Teachers report of attendance under compulsory education law, 

4022-6 138 

Truant officer, blanks for, 4<>22-5. . . . 137 

Blind. 

School, attendance of blind person compulsory, 4022-10 140 

Board of Education. (See School Districts.) 

City School Districts, in 

Attached territory, duty in regard to, 3898 , 29 

Board of examiners in , to appoint , 477 , 175 

Clerk , election of , 3897a 24 

Compensation of examiners, 4083 , 178 

Constituted how, board of education, 3897 22 

Deaf children, schools for authorized, 3901 29 

Director, election of authorized, 4017 121 

Meetings of, 3897a , 24 

Members of, 3897 22 

Election of, qualifications, terms, 3897 22 

Organization of board , 3897a 24 

Physical training, instruction in, 4020-17 131 

President , election of . 3897a 24 

Redisricting of cities . 3897 , 3900 22, 29 

Report, publication of, 4059 164 

Sub-districts , division into , 3897 22 

Superintendent , election of , 4017a 126 

Teachers, appointment of, confirmed by, 4017a 126 

Teachers' institutes in , 4092 182 

May dismiss school to attend , 4091 182 

Clerk of. (See Clerk of Board of Education.) 

Special Districts. (See Special Districts.) 

Clerk, election of. 3933 43 

Constituted how. 3930 42 

Conveyance of pupil-, may provide for. U934 43 

Election of. 3930 . 3931 42 

First election . 3932 42 



OHIO SCHOOL LAWS. 



251 



Index. 



Board of Education — Continued. 

PACE 

Members of, 3930 

Term of office, 3930 42 

Organization of board , 3933 

President, election of. 3933 

Superintendent, election of. 4017(7 

Teachers , election of , 4017a 126 

Township Districts. (See Township Districts.) 

Attached territory, duty as to, 3916 

Centralization of the schools by , 3922 3 ' 

Election on question of , 392 1-2 • 

Clerk, election, 3920 •' 35 . 

Constituted, how, 3915 • 

Election of, 3915 34 

Meetings of, 3920 35 

Members of. 3915 34 

Term of, 3015 • 34 

Organization of, 3920 3 ^ 

President, election of, 3920 3 ^ 

Snb-districts , recognition of , 3921 3<3 

Boundaries of, how changed, 3921 °o 

Superintendent, election of, 4017a 

Teachers, election of, 4017a 126 

Village Districts. (See Village Districts.) 

Attached territory, duty as to, 3010 =, 33 

Clerk, election, 3911 ■ 33 

Constituted how, 3908. •• • • 3 ' 2 

Election of, 3908 _ 3 ' 2 

In newly created villages. 3909 3lj 

Members of, 3908 3 ' 2 

Term of, 3908. 32 

Organization of, 3911 • 33 

President, election of, 3911 33 

Superintendent, election of, 4017a 126 

Teachers, election, 4017a * 126 

General Provisions. 

Absence of president and clerk, 3983 71 

Accommodation for all children, 4022-13 142 

Admission to schools of those not entitled by right to attend, 

4013 119 

Appropriate private property, may, 3000 78 

Assignment of pupils to schools, 4013 119 

Attendance compulsory, 4022-1-4022-14 134-142 

Attestation of record of, 3984 71 

Bequests, acceptance and rules, 3975 68 

Boards of examiners, appointment of, 4077 175 

Compensation and expenses of, 4083 178 



252 



oiiio school laws. 



Index. 



Board of Education — Continued. 

PAGE 

Bond of treasurer, approval of, 4043 158 

Bonds issued by, for school house, 3991, 3992, 3993, 3994 79, 80, 81 

Centralization of township schools authorized, 3922, 3927-2 37, 38 

Children's home, school at, authorized, 4010 118 

City solicitor, is legal adviser of, 3977 68 

Shall not be a member of the board, 3977 68 

Commercial departments, may establish, 4020-18 131 

Compensation, none except, 3974 ". 67 

Contingent fund, what constitutes, 3967 56 

County commissioners to levy, when, 3969 58 

Estimate for, to be made by board, 3958 52 

Levy, certificate of to county auditor. 3960 54 

» Contract of, no member shall have interest in, 3974 67 

Must be authorized by board, 3974 67 

What are valid, 3972 • 66 

With teachers, what constitutes, 4017 121 

Contract for building, repairing, etc., how let, 3988 77 

Conveyances, how executed, 3971, 3974 64, 67 

Corporate powers of, 3971 64 

Deaf children, schools for in city districts, 3901 . 29 

Elections. (See elections.) 

Elementary schools, shall establish, 4007 112 

Employes of, term, 4017, 4017a 121 , 126 

Entertainment in school houses, 3987-1 77 

Evening schools, 4012, 4012a 119 

Exchange of real property by, 3971 64 

Exemption from taxes and execution, 3973 67 

Expulsion of pupils, vote necessary, 4014 120 

Female suffrage, 3970-12 '. 64 

Flag, U. S., on school houses, 3986-1 73 

Forms relating to bonds : . 233-246 

Funds in hands of treasurer, duty of board as to, 4043 158 

Free school books, 4026 150 

German language, teaching of, 4021 133 

High schools, board may establish, 4009, 4009-1, 4009-2, 4009-15.115, 116, 117 

Infirmary, school at, 4010 118 

• Intoxicating liquors, to cause instruction as to, 4020-23 — 4020-25. . 132 

Kindergarten may be established, 4020-18 131 

Library. (See Library.) 

Manual training department, may establish, 4020-18 131 

Meetings illegal, when, 3985 72 

Non-residents, admission of to schools, when, 4013, 4022 119, 133 

Oath of members and officers, 3979 69 

Who may administer, 3979 69 

Orphans' asylums, schools at, 4010 118 

Penalty on members for neglect of duty, 3909 58 

Process against, how served, 3976 68 

Property, title to, of boards, 3972 QQ 

Exempt from taxation and execution, 3973 67 

Prosecuting attorney, legal advisor of, 3977 68 



OHIO SCHOOL LAWS. 253. 



Index. 



Board of Education — Concluded. 

PAGE 

Quorum of, 3982 70 

Record of proceeding of, 3984 71 

Record of schools, kept by teachers and superintendents, 4059.. 164 

Relief of children, board authorized to afford, 4022-9 140 

Report by, made to county auditor, 4057 104 

Superintendents' and teachers' report to board, 4059 164 

Resolutions requiring yea and nay vote, 3982 70 

Rules and regulations of, 3985 72 

Sale of property by, restrictions, 3971 64 

At private sale, when, 3971 64 

At public auction, 3971 64 

Schools, control and management of, to have, 4007, 4017 112, 121 

Continued, must be, how long, 4007 112 

Employes, appointment, dismissal and salaries of, 4017, 

4017a . 121 , 126 

Sufficient number must be provided, 4007 112' 

School houses, grounds, etc., to provide, 3987 76 

Contracts for, bidding and letting, 3988 77 

Use of for purposes other than educational, 3987-1 77 

Scientific temperance instruction, duties as to, 4020-23 — 4020-25. . 132' 

Service of process on, 3976 „ 68. 

State commissioner of common schools to confer with, 357 10' 

Superintendent, appointment of, 4017, 4017a 121, 126 

Surety of treasurer, additional may be required, 4i>43 158 

Suspension of pupils, 4014 120 

Taxation by. (See Tax.) 

Tax levy by board for school house. 3991-3994 79-81 

Maximum levy , 3959 54 

School property exempt from, 3973 67 

Teachers, employment and dismissal of, 4017, 4017a 121, 126 

Certificate, must have, 4074 172' 

Order for pay of, when illegal, 4051 161 

Pension fund, may provide, 3897/7-3897/ 24-29 

Teachers' institutes, aid for, in cities, 4092 ■. 182: 

Text books, adoption of, 4020-12—4020-14 129 

Free school books, 4026 150 

Publishers' failure to furnish, action by board, 4020—13 129 

Purchase and sale of by board, 4020-14 129 

Tie vote, decided by lot, 3970-10 63 

Title to what property, boards have, 3972 66- 

Transfer of territory, by, 3894, 3895 19, 20 

Treasurer of. (See Treasurer of Board of Education.) 

Truant officer, must employ, 4022-5 137 

Tuition, agreement between boards for payment of, 4022 133 

"One and one-half mile" law, 4022a 133 

"Patterson Law," payment under, 4029-3 152 

U. S. Flag, display of, 3986-1 73 

Vacancies in, how filled, 3981 69 

Vaccination, may enforce rules, 3986 73 

Free, when, 3986 73 

Yea and nay vote, .when required, 3982 70 



254 oiiio school laws. 



Index. 



Board of Examiners. (See State Examiners, County Examiners, City Examiners.) 

PAGE 

Board of Health. 

Vaccination, 3986 73 

Board of Visitors. 

Alumni may appoint, 3747 219 

College of, 3742 218 

Compulsory education, duties as to, 4022-11 141 

Military academies, of, 3758, 3759 ." 224 

Religious bodies may appoint, 3742 218 

Schools especially endowed, of, 4105-72 212 

Bonds. 

. Cleveland library bonds, 4002-11, 4002-12 95 

Clerk of board of education of, 4050 160 

Clerk of city board of examiners, 4079 176 

Clerk of county board of examiners, 4076 174 

Compulsory education, parents must give, 4022-7 138 

Depository of school funds, required of, 3968 57 

Educational institutions may issue, 3734 215 

Forms of 233-246 

Ohio State University, treasurer of, 4105-14 194 

Sale of, 3992 ■ 80 

Money must go to funds for which bonds were issued, 3993 86 

Par, must be sold at, 3992 ' 80 

School house, bonds for, 3991-3994 79-81 

Schools specially endowed, trustees of, 41(15-70 211 

Sinking fund bonds , 3970-1-3970-4 60-61 

State commissioner of common schools, of, 355 9 

Security for cost, petition for special district, 3928 40 

Teachers' institute committee, of, 4086. 180 

Forfeiture of, 4089 189 

Toledo library building bonds, 4002-23, 4002-24 98, 99 

Treasurer of board , 4043 158 

Wilberfore University, treasurer of, 4105-62 208 

Books. (See Text Books. Libraries.) 

Blank books, furnished by county auditor, 4055 162 

School fund, examination of books, 364, 366 11, 13 

C 

Centralization. 

Board of education may centralize schools , 3922 37 

Must centralize, when, 3927-2 38 

Petition for, 3927-2 38 

Transportation of pupils, 3922, 3934 37, 43 

Certificate. 

Branches of study enumerated , 4074 172 

City districts, examinations in, 4078 176 



OHIO SCHOOL LAWS. 



255 



Index. 



Certificate — Concluded. 

PAGE 

Granting certificates in , 4081 177 

Revocation of certificates in , 41)81 177 

County certificate, majority of board may grant, 4071 170 

Examination fee , 4071 . 170 

Grades of, different, 4073, 4074 171-172 

Granting of, 4073 171 

Requirements necessary, 4073 1 1 1 

Revocation of, 4073 171 

Special, granting of, 4074 172 

Valid, where. 4073 " 171 

Scientific temperance, examination in required, 4820-24 132 

State certificates , issue of , 4066 16'i 

Effect of, where valid, 4067 168 

Examination fee , 40G8 168 

Revocation of , 4067 168 

Tax levy, certificate to county auditor-of, 3960, 3963 54, 55 

Teachers must have , 4074 172 

Filed with clerk , copy must be , 4051 161 

Transfer of territory, certificate of to county auditor, 3805.. 20 

Charter. 

Educational institutions , amendment of , etc. , 3762a 225 

Children's Home. 

Children at, can attend schools, when, 4013... . 119 

Schools at, 4010.. > 118 

Christmas 

Dismissal of schools on, 4015 121 

Cincinnati. 

Library , board of trustees , 3 J99 86 

Access to, by all residents of Hamilton county, 3999a 87 

Control of, by trustees, 3999b 87 

Fund heretofore raised, disposition of. B999d 89 

Librarian and assistants, employment, 3999b 87 

Membership of board of trustees , 3999f 90 

Tax for library purposes , 3999c 88 

University of, 4095-4104 186-191 

Cincinnati University. (See University of Cincinnati.) 

City Examiners. 

Appeal from , 4085 178 

Appointment, term, vacancies, 4077 „ 175 

Compensation and expenses of , 4083 . . . : 178 

Examinations, how conducted, 4078 176 



256 OHIO SCHOOL LAWS. 



Index. 



City Examiners — Concluded. 

PAGE 

Expert, assistance of in difficult branches, 4078 176 

Fees , disposition of , 4083 178 

Granting of certificates , 4081 177 

Revocation of, 4081 177 

Meetings of, 4080 170 

Membership, number, qualifications, 4077 175 

Organization of board , 4079 . . . 176 

Record, how kept, 4084 178 

Report of appointment, to state school commissioner, 4<l77 175 

Revocation of appointment, 4077 175 

Scientific temperance, examination, 4020-24 132 

City Districts. 

Advancement to , 3889 18 

Attached territory, assignment of, 3898 29 

Voting in, 2398 29 

Attendance in, compulsory, 4022-1 : 134 

Board of education , election of, 3897 22 

Membership, 3897 * 22 

Meetings , 3897a 24 

Organization, 3897a 24 

Term of members , 3897 22 

Board of examiners, 4077, 4C84 175, 178 

City solicitor, legal advisor, 3977 68 

Classified, 3885 17 

Clerk of board of education, 3897a, 4050, 4050 24, 160, 162 

Deaf children, schools for, 3901 '. 29 

Defined, 3886 17 

Director may be appointed , 4017 " 121 

Libraries, cities of certain size may establish, 4002-39-4002-45 105-106 

City districts, second grade, fourth class, library in, 4002-46, 

4002-47 107 

Managers of, in certain cities, 3999 86 

Redisricting of, 3897, 3900 22, 29 

Sub-districts , division • into , 3897 22 

State school commissioner, by, when, 3897 22 

Superintendent , election of , 4017a -. 126 

Teachers, election of, 4017a 126 

Teachers' institutes , in , 4092 182 

Treasurer of school boards, 4042-4049. 4056 157-160, 162 

City Solicitor. 

Legal adviser of boards of education, 3977 „ . . . . 68 

Shall not be a member of the board, 3977 68 

Classification. 

Change of , by advancement , 3889 18 

City districts, 3886 17 



omo school laws. 267 



Index. 



Classification — Concluded. 

PAGE 

Special districts, 3891... 19' 

Township districts, 3890.. 18> 

Village districts, 3888 ' 17 

Clerk of Board of Education. 

Abandonment of special districts, duties of special and township 

clerks as to, 3935 43 

Absence of, at meetings, who acts, 3983 71 

Accounts of , how kept , 4055 162 

Blanks for reports under compulsory education law, must furnish, 

4022-6 138 

Bond of, 4050 , 160 

Certificate of estimate for tax levy, to county auditor, 3960...; 54 

Transfer of territory, of, when, 3894 19 

City districts, of, 3897a 24 

Compensation of , 4056 162' 

Compulsory attendance, may excuse from, 4022-1 134 

Election of, 3897a, 3911/ 3920, 3933 24, 33, 35, 43 

Enumeration return to county auditor, 4035 155- 

Liable for damages for failure to make, 4036 155 

Penalty for failure, 4038 156 

Forms relating to 233-246 ; 

Moneys received by, must be, 4047 160 

■ Notice of election , 3970-11 64 

Oath of, 3979 69 

May administer to others , 3979 69 

Order on treasurer, must sign, 4047 160 

For teachers' pay, illegal, when, 4051 161 

Petition for transfer of territory, 3895 20 

Publication of receipts and expenditures, 4053 162 

Record of proceedings, kept by, 3984 71 

Reports required of, 358, 4052, 4057, 4058 : 10, 161, 164 

Penalty for failure to make,, 4061 , 4062 165 

School examiner, of appointment, 4077 175 

State school commissioner may require, 358. 10 

Roll call, when required, 3982 70 

Special districts, of, 3933 43 

Successor, property turned over to, 4054 162 

Township commencement, clerk to hold, 4029-1 ' 151 

Township districts, of, 3920... . 35 

Village districts, of, 3911 33 

Clerk of Board of Examiners. 

City Boards. 

Bond of, 4079 176 

Compensation of, 4083 178 

Election of, 4079 176 

Fees, disposition of, 4084 , 178 

Record, kept by, 4084 178 

17 o. s. i,. 



258 ' OHIO SCHOOL LAWS. 



Index. 



Clerk of Boards of Examiners — Concluded. 

PAGE 

Reports of, 4077, 4084 175, 178 

County Boards. 

Bond of, 4076 . 174 

Compensation of, 4070 169 

Election of, 4070 169 

Fees, disposition of, 4072 171 

Record to be. kept, 4070 169 

Report by to county auditor, 4072 v 171 

To state school commissioner, 4070, 4076.... 169, 174 

Clerk of Township. (See Township Clerk.) 

Cleveland. 

Library. 

Acess, who entitled to, 4002-10 94 

Bonds, issued by board, how, 4002-11, 4002-12 95 

Building and grounds, how acquired, 4002-2, 4002-3 93 

Contract , invalid , when , 4002-9 • 94 

Donations may be accepted, 4002-4 93 

Library board, election, membership, 4000 92 

Oath of members of, 4002-6 94 

Organization of, 4002-7 94 

Powers and duties of, 4001 92 . 

Report of, 4002-8 94 

Property exempt from taxation and execution, 4002-5 94 

School funds used for library, 4002-18 97 

Sinking fund, 4002-13—4002-17 95, 97 

Tax for library, how expended , 4002 92 

Title to property, management of, 4002-1 93 

Colleges and Universities. 

Cincinnati University. (See University of Cincinnati.) 

Incorporated Institutions. 

Accounts of, how kept, report, 3769 230 

Alumni may elect trustees, 3747 219 

Appoint visitors, 3747 '. , 219 

Election, conduct of, 3748, 3749 219, 220 

Attorney General, duties as to, 3771 230 

Board of trustees, election of, 3751/? 221 

Membership, increase in number, 3751a-3771a ..221-230 

Ineligible, who are, 3770 230 

Quorum of, 3745... 219 

Term of office, 3760 224 

Vacancies, how filled, 3733 215 

Bonds, trustees may issue, 3734 215 

Charter, amendment of, 3762a, 3162b 225, 226 

Directors and trustees of certain associations, 3767 229 



OHIO SCHOOL LAWS. 259 



Index. 



Colleges and Universities — Concluded. 

PAGE 

Endowment fund of, 3750 220 

Diverted, how, 3732 215 

Faculty of, its powers, 3728 214 

Laws, benefits of, how acquired, 3746, 3751 219, 221 

Location , change of, 3731 , 3761 215 , 225 

Mechanics and agriculture, 3729 211 

Mechanics, institutes may borrow money, 3768-1 229 

Directors' liability, 3768-2 230 

Medical college, bodies for dissection, 3763, 3764 .227, 228 

Name , change of, 3762a, 3762b 225, 226 

May be religious denomination, 3751& 221 

Organization of, 3726 213 

Patron, who may be, 3741 218 

Property, increase of, 3734 215 

Sale of, 3762 '225 

May hold in trust, 3727 214 

Purposes, set forth, may be, when, 3751b 221 

Change of, 3762a, 37626 225, 226 

May be added to, 3768 229 

Religious control of, 3736-3740, 375k 216-218, 222 

Religious body entitled to representation, 3744 218 

Representation to cease, when, 3743 ' :^18 

Statement of property to be filed, 3735 216 

Stock changed to scholarship, 3730 214 

Stockholders' liability, 3753, 3756 223, 224 

Visitors, appointment of, 3742 218 

Ohio University. (See Ohio University.) 

Ohio State University. (See Ohio State University.) 

Reports of, 363 11 

State commssioner of common schools, employment of, by, pro- 
hibited, 356 '. 9 

Toledo University. (See Toledo University.) 

University or college of any municipality, 4095-4105 186-191 

Wilberforce University. (See Wilberforce University.) 

Commencements. 

County commencements under "Patterson Law," 4029-1 151 

Township commencements under "Patterson Law," 4029-1 151 

Expenses of, how paid, 4029-2. . . .' 152 

Commercial Departments. 

Boards of education may maintain, 4020-18 131 

Commissioner. (See State Commissioner of Common Schools, County Com- 
missioners.) 

Common Pleas Court. 

Judge of, duty as to report of examiner of funds, 366 13 

Schools specially endowed, appointment of trustees for, 4105-67 210 



260 OHIO SCHOOL LAWS. 



Index. 



Common School Fund. (See Funds.) 
Compensation. 

PAGE 

Board of education, members of, shall not receive, 3974 67 

City boards of examiners, of, 4083 „ 178 

Clerk of board of education, 4056 162 

County auditor, of, 4064 166 

County examiners, of, 4075 : 174 

Clerk of, 4070 s 169 

Under . "Patterson Law," 4029-2 152 

Enumerators, of, 4031 154 

Examiner of school funds , 365 12 

Library boards shall not receive, 3999, 4000, 4002-21, 4002-40. .86, 92, 98, 105 

Ohio State University, officers of, 4105-44 204 

Prosecuting Attorney, shall not receive, 3977' 6S 

Treasurer of board of education, 4056 .... 162 

Complaint. 

Form • 242 

Funds, fraudulent use of, in regard to, 364 11 

Compulsory Attendance. 

Age of youth affected, 4022-1, 4022-2............ ..134, 13S 

Attendance neceesary, 4022-1 134 

Minors between 14 and 16, 4022-3 13G 

Blind institution, in regard to, 4022-10 149 

Board of county visitors, duties, 4022-11 141 

Branches of- study required , 4022-1 134 

Corporation, violation of by, penalty, 4022-11 141 

Costs of proceedings paid by county, 4022-14 . . . 14'2 

Deaf and dumb institution, in regard to, 4022-10 14Q 

Employment of minors under 16, 4022-2 135 

Between 14 and 16, 4022-3 136 

Penalty for violation, 4022-3 136 

Excuse, how obtained, 4022-1 134 

Forms relating to ■ - 243-246 

Free school books, 4026 15ft 

Jurisdiction of courts , 4022-11 141 

Juvenile Court , establishment of 143 

Juvenile disorderly persons, defined, 4022-4 — 136 

Proceedings against, 4022-8 139 

Penalties for violations, 4022-11 141 

Repeated violations, 4022-12 142 

Relief to enable child to attend school, 4022-9 140 

Reports of public and private schools, 4022-6 138 

Seating accommodations necessary, 4022-13 .' 142 

Tax levy authorized, 4022-13 142 

Truancy, proceedings in cases of, 4022-7 138 

Penalties, 4022-7 138 

Truant officer, appointment, powers, duties, 4022-5 ... 137 



OHIO SCHOOL LAWS. 261 



Index. 



Constitution of Ohio. 

PAGE 

Encouragement of schools, Art. 1, Sec. 7 5 

Oath to support, 3979 69 

School funds, preservation of, Art. 6, Sec. 1 5 

Provision of, by taxation, Art. 6, Sec. 2 5 

School laws, excepted from general rule, Art. 2, Sec. 26.. 5 

Construction. 

Laws of, decisions and opinions 7 

Contingent Fund. 

Apportionment of, 3967 56 

Board of education to provide, 3958 „. 52 

County commissioners may levy, when, 3969 58 

Tax levy for, certificate to county auditor, 3960 . '. 54 

Contract. 

Board of education by, how made, 3974 67 

Members of, shall have no interest in, 3974. 67 

Cleveland library board, when invalid, 4002-9 94 

County examiners may, for rent, etc., 4075 174 

Depository of school funds, for, 3968 57 

School houses, how let, 3988 77 

Conveyance. 

Board of education, authorized to make, 3971 64 

How made, 3974 67 

Pupils may be conveyed, when, 3922, 3934 37, 43 

Corporations. (See Articles of Incorporation.) 

Boards of education are, 3971 64 

Educational institutions. (See Colleges and Universities.) 

Ohio State University, 4105-10 194 

School attendance, violations by agents of, 4022-11 141 

Schools specially endowed , 4105-67 .• 210 

Costs. 

Special districts, formation, 3928 „ ... 40 

Security for, 3928 40 

Council. 

University of municipality, powers of as to, 4095-4105 136-191 

Vaccination of pupils , duty as to , 3986 73 

County Auditor. 

Apportionment of school funds to all districts, 3964-3966 55, 56 

Blank books, to furnish to clerk of board of education, 4055 162 

School examiners , 40,75 174 

Treasurer of school funds, 4055. 162 



262 OHIO SCHOOL LAWS. 



Index. 



County Auditor — Concluded. 

PAGE 

Blanks, distribution of to school districts, 4058 164 

Bonds of clerk and treasurer, copy to be filed with, 4043, 4050.... 158, 160 
Clerk of board failing to report, auditor may appoint other person, 

4062 165 

Compensation of auditor, 4064 166 

Contingent fund, levy for to be certified to, 3960, 3963 54, 55 

Distribution of funds to school treasurers, 3965 56 

Enumeration , returns of to , 4035 155 

Auditor to take , when , 4036 155 

Return to, when county line divides original surveyed township, 

4037 156 

Return by, to state commissioner, 4039 157 

Fines, collection of, for school purposes, duty as to, 3970 59 

Joint sub-districts , map of to be filed with , 3923 37 

Penalties for not making reports, 4061, 4063 165, 166 

Reports to, required, 4052, 4057, 4072 ...161, 164, 17! 

Reports of, required, 358, 4039, 4044, 4057, 4060 10, 157, 159, 164, 165 

School houses, duty as to tax levy for, 3993 80 

Special districts, to certify valuation of, 3928 40 

Tax levy, certified to, 3960 "..-... , 54 

' Teachers' institute, funds for, duties as to, 4087 181 

Territory transferred, duties as to, 3894, 3895 19, 20 

Treasurer of school districts, settlement with, etc., 3964, 3967, 4044, / 

4045, 4048 55, 56, 159, 160 

County Board of Examiners. 

Appeal from, 4085: , 178 

Appointment of, 4069 168 

Branches of study required for teachers' certificates, 4074 172 

Certificates, granting of, 4073 . 171 

Grades of , 4074 172 

Renewal of, 4074 '. 172 

Revocation of, 4073 171 

Clerk, duties of, 4070 169 

Compensation of , 4070 169 

Compensation of members, 4029-2, 4075. 152, 174 

Examination fee , 4071 170 

Disposition of . 4072 171 

Expenses of board, how paid, 4075 174 

Ineligible , who are , 4069 168 

Majority of members necessary to take action, 4071 170 

Meetings of, 4071 17° 

Membership , limited how , 4069 .... 168 

Notice of meeting, what necessary, 4071 170 

Organization of, 4070 169 

Patterson examinations , 4029-1 151 

Commencements , county , 4029-1 151 

Compensation of examiners , 4029-2 152 

Qualifications necessary , 4069 168 

Questions, how prepared, 4071a 170 



OHIO SCHOOL LAWS. 263 

Index. 



County Board of Examiners — Concluded. 

PAGE 

Record to be kept, 4070 169 

Removals from board , 4069 168 

Reports to be made, 4070, 4072 169, 171 

Revocation of certificates, 4073 171 

Scientific temperance, examination in, 4020-24 132 

Special certificates , granting of , 4074 172 

Teacher, qualifications necessary, 4074 '. 172 

Term of members , 4069 ■. 168 

Uniform system of examinations, 4071a . „ 170 

Vacancies, how filled, 4069 168 

County Commissioners. 

Board of education, commissioners may act as, when, 3969 58; 

Children's homes, schools at, duties as to, 4010 118 

Contingent fund , • when to levy , 3969 58 

County auditor, compensation of, 4064 166- 

County Treasurer. 

Compensation of, 3960 54 

School funds, duties as to state funds, 3956 51 

When county line divides district, duties, 3963 55 

Tax, collection of, 3960 54 

Course of Study. 

Defined, 4007-4 113 

Elementary schools , branches of study, 4007-1 112 

Course of study required in , 4007 112' 

German taught , when , 4021 133 

High schools , branches of study, 4007-2 113 

Requirements, 4007-4 113 

Physical training in certain schools , 4020-17 131 

Physiology and hygiene , 4020-23 132' 

Report of, required , 4007-6 114 

Scientific temperance, 4020-23 132 

Text books, adoption of, 4020-14 129' 

D 

Dayton. 

Library. 

Library board, powers of, 4002-32 102' 

Election of, 4002-33 102 

Non-partisan , 4002-33 102 

Museum, may establish, 4002-38 104 

Organization of, 4002-37 103 

Powers and duties of, 4002-34-4002-37 102-103 

Term of, 4002-33 102 

Librarian and assistants, employment of, 4002-34 102 

Tax levy, for library, how made, 4002-35, 4002-36 103- 



264 OHIO SCHOOL LAWS. 



Index. 



Debt. (See Sinking Fund.) 
Deeds. 

PAGE 

Boards of education, deed by, 3971, 3974 64, 67 

Ohio university land, leasehold estate, converted into fee simple, 

4105-2-4105-4 192 

Unpatented land, deed of, made by trustees of Ohio state university, 

4105^8 205 



Degrees. 



Educational institutions, power to confer, 3726 213 

University of muncipality, may confer, 4102 190 



Depository. 



Boards of education may provide, 3968 ' 57 

In districts having two or more banks, 3968 57 

In districts having less than two banks, 3968 57 



Devise. 



Board of education may accept, -3975 68 

Common school fund of state, to, 3955 51 

Endowed schools, to, management of, 4105-67 210 

Institutions may receive, 3727 214 

Ohio state university, for, 4105-15. 195 

Toledo public library, for, 4002-31 101 



Director. 



Appointment of, in city districts, 4017 121 

Compensation of , 4017 121 

Powers and duties of, 4017 121 

Removal of, 4017 121 

Election of in township districts , 3921a 36 

Enumeration, shall take, 3921a 36 

Powers and duties of, 3921a 36 

Term of office, 3921a 36 

Libraries in certain cities and villages, 4002-40 105 

Universities of municipalities, of, 4098-4104 188-191 

Dismissal. 

Schools, on holidays, 4015 121 

Teachers to attend institute, 4091 182 

Teacher, dismissal of, 4017 121 

Improperly dismissed, may bring suit, 4019 127 

Districts. (See City, Village, Special and Township Districts.) 

Donations. (See Bequests.) 



OHIO SCHOOL LAWS. 2<0J 



Index. 



E 
Education. (See Board of Education, Colleges, Schools.) 

Elections. pAGE 

Ballots, form of, for school elections..., •••• ?g 

Bonds, issue of, for school houses, 3991....... gg 

Centralization of township schools for, 3927-2. .. ...... :. 

City districts, board of education, election of, 3897, 39-0-10 H, W 

Attached territory, voting in, 3898 ,"",'" 

Educational institutions, election of trustees and voters by alumm 

3747, 3749 " 23 ^ 46 

Forms relating to .". '." ' 

High school, election on question of bond issue for joint townships, 

4009-15 •• ;■■'■■ 

Union of districts in township for high school purposes, election ^ 

on bond issue, 4009-15 

Lot, election decided by, when, 3970-10 ^ 

Notice of, 3970-11 • ■ .„ fiq 

Special districts, in, 3930, 3931, 3932, 3970-10 42, bd 

Abandonment of, election for, 3935 • • • • 

Tax to exceed maximum allowed by law, vote on, 3959 «» 

Special tax, vote on , 3991 • ■ lg() 

Teachers' institute, officers of, 4086 gg 

Tie vote how decided , 3970-10 ■ • ' 

Township districts, board of education of, 3915, 3970-10 34,-63 

Attached territory, voting in, 3916 '"'k'ik o 9 fi Q 

Village districts, board of education of, 3909, 39,0-10 32, 63 

Attached territory, voting in, 3910 g2 

Newly created district, election in, 3909 

Women can vote, when, 3970-12 ^ 

Registration of, 3970-12 • 

Electors. 

Attached territory, where to vote, '3898, 3910, 3916 29, 33, 35 

Women are , for school officers , 39 ■ '-12 

Employes. 

Board of education, of, 4017, 4017a • • ■ ■ ■ - • ■ ■ ■ ■ ■ • ■ • 

Minor, proof of attendance at school required before employment, ^ 

4022-2 ." ' 

Between fourteen and sixteen, must be able to read and write, 

4022-3 

Endowment Fund. 

215 

College, how application of, changed, 3732 ^ 

Corporation for, 3750 •• • 910 919 

Schools specially endowed, 4105-67-4105-73..., ••• 210-^ 



266 OHIO SCHOOL LAWS. 



Index. 



English Language. 

PAGE 

English grammar, teachers' certificate must contain, 4074 172 

Examination of teachers in literature, 4074 172 

Youth who cannot read and write must attend school, 4022-3. 136 

Enumeration. 

apportionment of state school funds by auditor of state, based on, 

3956 51 

By county auditor, 3964, 3966 55, 56 

Clerk of board of education to make returns of, 4035 155 

Compensation for taking, 4031 154 

Excessive, action of state school commissioner, 4040 157- 

Failure to take , penalty , 4038 156 

By clerk of board to make returns, action taken, 4036 155 

Penalty for making fraudulent returns, 4041 157 

Return by county audtior to state school commissioner, 4039 157 

When county line divides' original surveyed township, 4037 157 

Township districts, who takes, 3921a 3b 

Youth of school age, includes whom, 4030. 154 

How taken, 4031 . , 154 

Evening School. (See Night School.) ; 

Examiner. (See City, County and State Examiners.) 

School funds, of, 365 . . . .• 12' 

Adverse report, disposition of, 366 13 

Compensation of , 365 12 

Execution. 

School property exempt from, 3973 67 

Executive Committee. 

Teachers' institute , of, 4086 180' 

Bond of, 4086, 4087 ■ 180, 181 

Forfeiture of bond, 4089 181 

Report of clerk, 4088 181 

Expenditures and Receipts. 

Board of education , clerk to make annual report of, 4052 161 

Publication of report, 4053, 4059 162, 164 

Expulsion. 

Pupil from school, of, 4014 . . . ■ 120 



OHIO SCHOOL LAWS. 



2ti< 



Index. 



F 
Fees. (See Compensation.) 

Female. 

PAGE 

Suffrage of , in high school elections , 3970-12 64 

Fines. 

County auditor's duties as to , 3970 , 59 

Fine Arts. 

Corporations for promoting, 3726-3771a 213-230 

Flag. 

United States flag, display of, 3986-1 73 

Forms. 

Prepared by state commissioner of common schools, to be, 359, 360, 

4058, 4060 , 10, 164, 165 

I. Notice of election 233 

II. Notice of election in sub-districts 233 

III. Poll book 233-234 

IV. Tally sheet 234-235 

V. Minutes of sub-district school meeting 235 

VI. Appointment of school director, to fill vacancy 235 

VII. Oath of school director 235 

VIII. Different modes of altering sub-districts 235-236 

IX. Resolutions on bond issue 236 

X. Notice of election for bond issue 236-237 

XL Petition for special school district 237 

XII. Notice of special meetings 237 

XIII. Teacher's contract 237 

XIV. Order on the treasurer 238 

XV. Order oh treasurer when. school funds are in a depository.. 238 

XVI. Certificate of annual school levy 239 

XVII. Certificate of school funds in treasury 239 

XVIII. Transfer of territory 239 

XIX. Lease to school district 240 

XX. Oath of clerk of board of education 240 

XXL Clerk's bond 241 

XXII. Final receipt of clerk 241 

XXIII. Oath of treasurer of board of education 241 

XXIV. Treasurer's bond 241-212 

XXV. Final receipt of treasurer 24.' 

XXVI. Complaint in regard to school funds 242 

XXVII. Notice to parent or guardian 243 

XXVIII. Notice to truant 243 

XXIX. Notice to employers of youth 243-244 

XXX. Age and schooling certificate 244 

XXXI. Report of truant officer 245 

XXXII. Teacher's report 246 



268 OHIO SCIIOUL LAWS. 



Index. 



Fourth of July. 

PAGE 

Schools may be dismissed on, 4015 121 

Funds. (See Sinking Fund.) 

Accounts of , how kept , 3954 51 

Auditor of state, duty of, 3954, 3955 51 

Apportionment of state funds by auditor of state, 3956, 3957 51, 52 

By county auditor, 3964, 3966, 3967 , 55, 56 

Bequests to common school fund, how applied, 3955 51 

Oeveland school fund, use for library, 4002-18 97 

Contingent levy by boards of education, 3958, 3960 -52, 54 

County commissioners tc levy, when, 3969 58 

Penalty for failure to levy, 3969 58 

Declaration of policy of the state respecting universities 47 

Debt of state, irreducible, common school fund shall constitute, 3954 51 

Depository for, 3968 57 

Distribution of by county auditor, 3965 56 

Educational institutions, of, 3732, 3750 215, 220 

Fines to be collected by county auditor and paid into funds, 3970.... 59 

Income from school lands, application of proceeds of, Art. 6. Sec. 1. . 5 

Investigation of , 364 , 11 

Ohio State University fund , tax for , 3951 46 

Pension fund for teachers , 3897&-38<)7/ 24^29 

Public lands, proceeds of sale of, 3953, 3954 50, 51 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 50 

School fund, preservation of, Art. 6, Sec. 1 5 

Settlement between district treasurer and auditor, 4044 159 

Special districts, division of fund when created, 3929 41 

State common school fund , tax for , 3951 46 

State commissioner of common schools, duty as to, 358, 366 10, 13 

Taxation, constitutional provisions for, Art. 6, Sec. 2 5 

Tax levy, maximum for schools , 3959 54 

Transfer of territory, division of funds, 3896 20 

Treasurer of county, duties as to, 3956, 3957, '3960, 3963, 3965, 

3966 51 .52, 54, 55, 56 

Treasurer of district, receipts and disbursements by, 3960, 4047 54,160 

Amount he may have on hand, 4084 178 

G 

General Assembly. 

Laws to encourage schools, duty of, to pass, Art. 1, Sec. 7 5 

Ohio State University, report to, 4105-53 206 

State commissioner of common schools to report to, 361 10 

School funds, to provide for by taxation, Art. 6, Sec. 2 5 

School laws can take effect upon authority other than, Art. 2. Sec. 26. 5 

Special districts created by act of, 3928 40 

Tax for schools, shall levy, 3951 46 

Wilberforce University, members may name pupils for admission to, 

4105-64 209 



OHIO SCHOOL LAWS. • 269 



Index. 



German Language. 

PAGE 

Teaching of authorized , 40:21 133 

Governor. 

College, fills vacancy among trustees,. 3733 215 

. Military academy , is visitor of , 3758 224 

Ohio State University, appointment of trustees, 4105-37 202 

Deed for lands of, to execute and deliver, when, 4105-2 192 

School book commission, is a member of, 4020-11. . : 128 

State commissioner of comon schools, to fill vacancy in office of, 

354 9 

Report of , to be made to , when, 361 10 

Wilberforce University, appointment of trustees, 4105-55 207 

Guardian. 

Children under care of, entitled to attend schools free, 4013 119 

Duties of, under compulsory education law, 4022-1-4022-14 134-142 

H 
Hazing. 

Penalty for 186 

High Schools. 

Board of education may establish, 4009 115 

Branches of study required, 4007-2 113 

Certificate of work done by pupil , 4007-5 114 

Value of, 4007-5 114 

Classification of, 4007-4, 4007-6 113, 114 

Defined, 4007-2 113 

Diploma , what it shall contain , 4007-5 114 

'Examinations in special and sub-districts, for, 4029-1 151 

Commencements , 4029-1 151 

Compensation of examiners, 4029-2 152 

Tuition, 4029-3 152 

Report of by clerk of board, 4007-6. 114 

Penalty for failure to make , 4007-6 114 

Township Districts in. 

Admission of pupils to, 4009-1 116 

Board of education may establish, 4009 115 

Management and control of, 4009-1 116 

Tax levy for, 4009-2 116 

Time , length of , to be continued , 4009-1 116 

Township and joint township high schools, established by peti- 
tion , 4009-15 117 

Buildings, purchase or renting of, 4009-15 117 

Election on question of tax levy for, 4009-15 117 

Election for tax levy not necessary, when, 4009 T 15..., 117 

Tax for, 4009-15 117 

Teachers, employment of, 4009-15 117 

Union of several districts within township for high school pur- 
poses, 4009-15 '. '■■ H7 



270 . OHIO SCHOOL LAWS. 

Index. 

Holidays. 

PAGE 

Dismissal of schools on, without forfeiture of teachers' pay, 4015.... 121 

Holidays named , 4015 121 

Howe's Historical Collections of Ohio. 

Boards of education authorized to purchase, 4020-15 131 

Care of, how taken, 4020-15 131 



I 
Infirmary. 

Corpse, surrender of, to medical college, 3708 227 

Schools at, 4010 118 

Institutes. (See Teachers' Institutes.) 

Interest 

Irreducible school funds, interest on, 3952, 3954....... 50, 51 

Investigation. 

School funds, of, by accountant, 364 11 

Teacher, of, by board of examiners, 4073, 4081 171, 177 

Irreducible School Fund. 

Accounts of, how kept, 3954 51 

Original surveyed township, in two counties, how proceeds paid to, 

3957 ' 52 

Public lands, sale of, proceeds of, how applied, 3953, 3954 50, 51 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 -50 



J 

-Janitor. 

Board of education, power to employ, 4017 121 

Board of examiners may employ, 4075 174 

Dismissal of by board of education , 4017 121 

Teachers not required to do janitor work, 4018 127 

Term of employment , 4017 121 

Joint Sub-Districts. 

Abolished, 3923 37 

Territory annexed to township, 3923 37 

Judge. (See Common Pleas Court, Probate Court.) 

Juvenile Disorderly Person. 

Court for 143 

Definition of, 4022-4 ' 136 

Proceedings against , 4022-8 139 



OHIO SCHOOL LAWS. . 271 



Index. 



K 



PAGE 



Kindergarten Schools. 

Boards of education may establish, 4020-18 13 J 

L 

Language. (See English Language, German Language.) 

Laws. 

Encouragement of schools, for, passage of, Art. 1, Sec. 7 5 

Interpretation of, decisions, preparation and distribution of, 360 10 

Schools, for, can take effect upon approval of authority other than 

the general assembly, Art. 2i, Sec. 26 5 

Law College. 

Organization of, 3767, 3768 229 

Law Library. 

Organization of, 3767, 3768 229 

Law School. 

Ohio State University, of, 4105-29 201 

Lease. 

Form of 240 

Site for school house or right of way, lease of, 3987 76 

Legal Adviser. 

Boards of education , who is , of , 3977 68 

Ohio State University, who is, of, 4105-17 195 

Legislature. (See General Assembly.) 

Library. 

Access to, 3998-1, 3998-10, 4002-42 82, 85, 106 

Appropriation of money for, amount limited, 3998-0 84 

Board of directors in certain cities, 4002-40 105 • 

Duties of, 4002-41 105 

Organization of , 4002-41 1 05 

Powers of, 4002-41 105 

Report of, 4002-43 106 

Board of education may establish, 3998-1 , 3998-6 82, 84 

Appropriation for, 3998-6 84 

Control of in certain cases , 3998-3 83 

Funds for, how provided, payments from, 3998—1 84 

Tax for, 3998-1 , 3998-4 82, 84 

Trustees of, 3998-2 83 



272 OHIO SCHOOL LAWS. 



Index. 



Library — Concluded. 

PAGE 

Cincinnati library. (See Cincinnati.) 

City districts of certain size may establish or acquire, 3998-9, 4002-39.. 85, 105 

Board of managers, 3998-9-3998-11 85 

Fourth class, second grade, in, 1002-46 107 

Funds, expenditure of, 3998-12 86 

Report of, to board of education, 4002-48 107 

Tax for, 3998-12, 4002-46-4002-49 86, 107, 108 

Cleveland library. (See Cleveland.) 

Control of, vested in .board of education, when, 3998-6 84 

Dayton library. (See Dayton.) 

Donations , board may accept , 4002-44 106 

Established how, 3998-1, 3999, 4002-39 82, 86, 105 

Librarian, appointment, compensation of, 3998-11, 4002-41 85, 105 

Managers for certain libraries, 3998-10, 3998-11 . 85 

Museum , in connection with , 3998-7 84 

Portsmouth library. (See Portsmouth.) 

# Pre-existing library, how affected, 4002-45 106 

Rules and regulations for, 4002-41 105 

Tax levy for, 3998-4, 3998-12, 4002-45, 4002-46 84, 86, 107 

How expended, 3998-4, 3998-12 84, 86 

Toledo library. (See Toledo.) 

Transfer of property by municipality 109 

Village districts may establish, 4002-39 105 

Location. 

Ohio State University, 4105-18 '. 195 

School house, convenience of, 4007 112 

Lot. 

Election decided by, when, 3970-10 63 

M 
Manual Training. 

Boards of education may provide, 4020-18 131 

Map. 

Attached territory, to be made of, 3898, 3910, 3916 29, 33, 35 

Special districts , map of , 3928 40 

Territory transferred from one district to another, map of, 3894, 

3895 : ' 20 

Township district, map of, 3921 36 

l/lechanics' Institute. 

Authority to borrow money , issue bonds , etc. , 3768-1 229 

Directors and trustees not personally liable for debts, 3768-1. 229 

Ob j ects of institute , enlarged , how , 3768 229 

Organic rules which may be prescribed in articles of incorporation, 

3767 229 



OHIO SCHOOL LAWS. 273 

Index. 

Medical College. (See Colleges.) 

PAGE 

Bodies for dessection, may receive, 3763 227 

Meetings. 

Board of education, city districts, 3897a 24 

Special districts, 3933. 43 

Township districts , 3920 35 

Village districts, 3911 33 

City board of examiners , 4080 176 

County board of examiners , 4071 170 

Illegal, when, 3984 71 

Ohio State University, trustees of, 4105-41 203 

Special meetings, how called , 3978 69 

Text books, adoption of must be at regular meetings, 4020-14 129 

Wilberforce University, trustees of, 4105-59.. 208 

Memorial Day. 

Schools may be dismissed without forfeiture of teachers' pay, 4015 121 

Military Academy. (See Academy.) 

Minor. 

Attendance at school of, when unable to read and write, 4022-3 136 

Commitment to reformatory of, proceedings, 4022-8, 4022-9. 4022-11 

' 139 , 140 , 141 

Employment of, between certain ages, when schools are in session, 

unlawful, 4022-2 135 

Money. (See Funds.) 

Month. 

School month, length of, 4016 121 

Museum. 

Association , rules for organization of , 3767 . 3768 229 

Board of education may establish , 3998-7 84 

Dayton library board , may establish , 4002-38 104 

Music. 

Special certificates in , may be granted , 4074 172 

N 

Narcotics. (See Scientific Temperance.) 

Natural History Society. 

Regulations as to, 3767, 3768 229 

18 O. S. Iy. 



274 OHIO SCHOOL LAWS. 



Index. 



New Year's Day. 

PAGE 

Schools may be dismissed without forfeiture of teachers' pay, 4015. . 121 

Night Schools. 

Provisions for, 4012, 4012a ... 119' 

Nominations. 

Members of boards of education, by petition, 3897a ...►»►»»» 24 

.Non-Resident. 

Attendance at school, when permitted, conditions, 4013 ... 119" 

By 'agreement of boards , 4022 . 133 

When one and one-half miles from school house, 4022a....... 133 

Patterson graduates, privileges of, 4029-1, 4029-3 15-1, 152 

Normal Schools. 

Physical training must be provided in , 4020-17 131 

Scientific temperance, instruction in, at, 4020-24 132 

Penalty for failure to instruct , 4020-25 ■. 132 

State normal schools established , 4094-1-4094-2 184 

Wilberforce University normal department at, 4105-54-4105-66 20(3-209' 



Notice. 



Attendance at nearest school, notice to board not necessary, 4022a. . 133 

Board of education, meetings of, 3978 : 69 

Educational institutions, notice of meetings of stockholders, 3734 215 

Purpose, name, notice of intended change, 3762a 225 

Election, notice of bond issue, 3991 79 

Board of education, members of, 3970-11 . 64 

Special districts, election in newly organized, 3932 42 

Abandonment of, 3935 43 

Tax levy, election for, 3991 79 

Township districts, election of director, 3921a 36 

Teachers' notice of examination, 4071, 4080 170, 176 

Text books, publishers of, notice to, 4020-11 128 

Boards of education, given to, 4020-12 129 

Truancy, notice to parent, 4022-7 138 



O 

Oath. 

Bonrd of education, members and clerk of, 3979 69 

Clerk of board of education, 3979, 4035 69, 155 

Cleveland library, board, of members, 4002-6 94 

County auditor may administer, when, 4036 155 

Election officers in townships, 3921a : 36 

Enumerator, of, 4031 154 

Forms relating to 233-246 



OHIO SCHOOL LAWS. 275 



Index. 



Oath — Concluded. 

PAGE 

School officers, of, 3979 69 

Schools specially endowed, trustees of, 4105-70 211 

Special examiner of teachers, 4078 176 

State commissioner of common schools, of, 355 9 

Office. (See various officer, by name.) 

State commissioner of common schools can not hold, other, 356 9 

Officer. (See various officers, by name.) 

Charges against, investigation of, 364-366 11-13 

Oath of school officers, 3979 69 

Ohio State University. 

Analysis of minerals, by professor of, 4105-27 200 

Appropriations for apparatus, equipment, etc., 4105-28 201 

Attorney General legal adviser of board of trustees, of, 4105-17 195 

Board of Trustees. 

Faculty, compensation of, to fix, 4105-44 204 

Further duties of board, 4105-11, 4105-40 194, 203 

Grants and devises of land may be received by, 4105-15 195 

Management and control of, to be vested in, 4105-13 194 

Powers and duties of, 4105-39' 203 

Provide for lecturers, board may, 4105-12 194 

Branches taught at, 4105-45 205 

Ceramics, department of, 4105-30—4105-34 201-202 

Law department, of, 4105-29 201 

Certain acts repealed, 4105-25 199 

Clay working and ceramics, course in, 4105-30 201 

Established, name of, 4105-9 193 

Fund of, 3951 46 

Irreducible debt of state, part of, 4105-43 204 

Interest on fund of agricultural college, invested, how, 4105-46, 

4105-47 205 

Laboratory apparatus, models, and machinery, to be provided, 4105-26 200 
Lands. 

Accepted by state from United States, 4105-19 196 

Board may sue for lumber cut off such lands, 4105-20 196 

Compensation and proceedings of appraisers, 4105-22 197 

Deeds, how made and executed, 4105-23 198 

Occupant may purchase additional land, 4105-21 196 

Occupant claiming exemption to comply with law of congress, 

4105-21 196 

Payments, how made and secured, 4105-23 198 

Record of contract to be made- and kept, 4105-23 198 

Sale of, public or private, 4105-23 198 

Proceeds of sale, disposition of, 4105-24 199 

Survey to be made by trustees, 4105-21 196 

Title to , vested in trustees , 4105-21 196 



276 OHIO SCHOOL LAWS. 



Index. 



Ohio State University — Concluded. 

PAGE. 

Tracts to be numbered and appraised, 4105-22 197 

Trustees to sell other lands, 4105-21 196 

Unsold land to be divided into tracts, 4105-22 197 

Law school, provisions for, 4105-29 201 

Location of college, etc., 4105-18 195 - 

Meetings of board, 4105-41 . 203 ■ 

Mines, school of, 4105-26—4105-28 200-201 

Named "The Ohio State University," 4105-37 202 

Objects of college, 4105-9 ? 193. 

Officers of board, their duties, etc., "4105-14 194 

Professors employed to teach, 4105-27 200 

Pupils, who may be admitted as, 4105-12 194 

Report of trustees, 4105-42 204 

Residence for faculty may be erected by trustees, 4105-24 199' 

Style and powers of board of trustees, 4105-10 194 

Tax levy for, 3951 46 

Terms of office of trustees, compensation and vacancies, 4105-38 203 

Title of lands to vest in the state, 4105-16 195 

Trustees authorized to make certain deeds, 4105-48 205. 

Virginia military lands, relief of buyers, 4105-50 206 • 

Written analysis of fertilizers to be furnished, how, 4105-35 202: 

Ohio University. 

Sale of certain lands, 4105-1 192; 

Deed for, 4105-2—4105-4 192 

Proceeds of, 4105-5 192 

Tax on lands donated to, 4105-6—4105-8. . 193 . 

Order. 

Teachers' pay, for, illegal, when, 4051 161 

Treasurer, order on, how drawn, 4047 160 

Must produce order for all disbursements, 4044 159 

Orphan Asylum. 

Schools at, provisions for, 4010 118 

Original Surveyed Township. 

Apportionment of funds, when county line divides, 3966 56 

Funds how paid in such cases, 3957 52 

Enumeration, when divided by county line, 4037 156 



Parent. 



Duty of, to send minor children to school, etc., 4022-1 134 

Violation of act relating to, 4022-3 , 136 



OHIO SCHOOL LAWS. 277 



Inde: 



(Patterson Law. 

PAGE 

Compensation of examiners, 4029-2 152 

County commencements, 4029-1 151 

Examinations, branches of study, 4029-1 151 

High school attended, character of, 4029-4 153 

Township commencements, 4029-1 151 

Tuition, payment of, 4029-3 . 152 

[Penalty. 

Board of education, for failure to levy contingent fund, 3969 58 

Clerk of board of education, for failure to make report, 4061 165 

Corporation, unlawful employment of minors, 4022-2, 4022-3, 4022-11, 

4022-12 135, 136, 141, 142 

Corpse, detention of, 3763 227 

County auditor, failure to make statistical report, 4060, 4061 165 

For failure to make enumeration return, 4063 166 

Enumeration return, fraudulent, 4041 157 

Parent or guardian, liable, when, 4022-7, 4022-11, 4022-12 138, 141, 142 

School officers, non-enforcement of compulsory education law, 4022-11 141 

Teachers' institute, executive committee, failure of, to report, 1088.... 181 

EPension Fund for Teachers. 

Appropriation for by board of education, 3897/ 29 

Board of education may create, 3897& 24 

Created and invested, how, 3897c 25 

Death of teacher, who shall receive, 3897/i 28 

Deductions from teachers' salaries, 3897/ 27 

Penalties, fines, etc., to be paid into fund, 3897£ 29 

Pension, amount of, 3897d 26 

Persons entitled to, 3897d 26 

Principal and income can be used, 3897c 27 

Resignation or removal of teacher, rebate, 3897/t 28 

Retirement of teacher, 3897d : . . 26 

Rules and regulations, 3897J 28 

"Teacher" defined, 3897d 26 

Treasurer of funds, 3897g 28 

Trustees, number, election, term, 3897b 24 

When insufficient to pay teachers , 3897d 26 

Personal Property. (See Property.) 

Petition. 

Centralization of township schools, for, 3927-2 38 

Evening schools, for, 4012 119 

Forms relating to 237 

Nominations by, 3897a 24 

Special district, creation of, 3928 40 

Transfer of territory, for, 3895 . . 20 



278 OHIO SCHOOL LAWS. 



Index. 



Physical Training. 

PAGE 

Instruction in, required, where, 4020-17 131 

Plat. 

Property to be appropriated for school purposes, plat of, 3990 78 

School district, plat of, 3894, 3895, 3898, 3910, 3916, 3921 

19, 20, 29, 33, 35, 36 

Portsmouth. 

Libraries consolidation of, 4003 108 

Library committee, election of, 4004 108 

Powers and duties of, 4005, 4006 108 

Vacancies in, how filled, 4004 108 

President. 

Board of education, of, election, 3897a, 3911, 3920, 3933 .24, 33, 35, 43 

Absence of at meeting, who acts, 3983 71 

Order on treasurer, must sign, 4047 160- 

Record of proceedings, must sign, 3984 71 

City board of examiners, of, election, 4079 176 

Clerk of board of education, bond of, to be filed with, 4050 160 

County board of examiners, election of, 4070 169 

Educational institutions, of, 3728 ' 214 

Libraries in certain cities, member of board, is. 3999 86 

Process on board of education, served on, 3976 68 

Teachers' institute, of, election, 4086 180 

Private Schools. (See Colleges and Universities.) 

Report of, required, 363 11 

Specially endowed, trustees for, 4105-67 210 

Accounts of trustees , 4105-71 212 

Bond of trustees, 4105-70 211 

Duties of trustees, 4105-69 , 210- 

Oath of trustees, 4105-70 211 

Vacancies, how filled, 4105-68 ' 210 

Visitors of, 4105-72 212 

Probate Judge. 

Appropriation of property for school purposes, jurisdiction, 3990 78 

Compulsory education law, jurisdiction of, 4022-7, 4022-8 — 4022-11.. 

138, 139-141 

County examiners , appointment of, 4069 . '. 168 

Report of appointment, 4069 168 

Revocation of appointment, 4069 -. 168 

Deaf children, report of, to be returned to, 4022-10 140 

Special districts, petition for creation of, when filed with, 3928 40 

Change of boundary , of, 3929 41 

Costs , security for , 3928 40* 



OHIO SCHOOL LAWS. 279 



Index. 



Probate Judge — Concluded. 

PAGE 

Fees , same as in civil cases , 3929 41 

Funds, division of, by, 3929 41 

Hearing on petition , 3329 41 

Jurisdiction of, 3929 , 41 

Notice of hearing, 3929 41 

Petition, when district in two or more counties, 3928 40 

Remonstrance against formation of, 3928 40 

Tax. valuation of district, minimum, 3928 . . . .' 40 

Transfer" of territory , petition for , 3895 20 

Costs , security for, 3895 20 

County auditor, certificate filed with, 3895 20 

Funds, division of, 389(3 20 

Hearing on petition, 3895 20 

Jurisdiction of, 3895 20 

Notice of hearing, 3895 20 

Petition, when district in two or more counties, 3895 20 

Process. 

Service of, on boards of education, 3976 •. . 68 

Professors. 

Educational institutions, appointment of, for, 3726 213 

Faculty, professors are members of, 3728. '. 214 

Powers of, 3728 214 

Military academies, professors are members of board, 375V 224 

Ohio State University, employment and dismissal of, at, 4.105-11.... 194 

Ceramics, department of, instructor in, 4105-33 202 

Chemistry, analysis of fertilizers to be furnished by professor, in, 

4105-35 202 

Compensation of, how fixed, 4105-44 » . 204 

Mines and mine engineering, instructor in department of, 4105- 

26, 4105-27 200 

Residences may be erected for faculty, 4105-24. : . . . . 199 

Universities of municipalities, 4099 188 

Property. 

School property, how sold or exchanged, 3971 . ." 64 

Exempt from taxation or execution , 3973 . 67 

Title to, in whom vested , 3972 . 66 

Prosecuting Attorney. 

Board of education , legal adviser of , 3977 68 

Compensation of, 3977 68 

Shall not be a member of board, 3977 68 

Funds, fraudulent use of, duty as to report of examiner of, 366 13 

Teachers' institutes , duties as to, 4089 181 



280 OHIO SCHOOL LAWS. 



Index. 



Public Library. (See Library.) 
Publication. 

PAGE 

Board of education, sale of property by, 3971 60 

Building and repairing, bids for, 3988 77 

Receipts and expenditures, by clerk of, 4053 162 

City board of examiners, meetings of, 4080 176 

County board of examiners, meetings of, 4071 170 

Election notice, 3970-11 64 

Publishers. 

Text book law, requirements of, 4020-10—4020-14 128-129 

Pupils. (See Attendance.) 

Assignment of by board ox education, 4013 119 

Expulsion of, 4014 120 

Suspension of, 4014 120 

Tuition of, may be paid by agreement between boards, 4022 133 



Q 

Qualifications. , 

Examiners, of, 4069, 4077 168, 175 

Teachers in common schools, 4074 172 

In city and village districts, 4078, 4084 .....144, 146, 176, 178 



Quorum. 



Board of education, of, what constitues, 3982. 70 

Business that a majority of a quorum cannot transact, 3982 70 

Educational institutions, what constitutes, 3745 219 



R 

Real Property. (See Property.) 

Receipts and Expenditures. 

Board of education, clerk of to prepare and forward to county 

auditor, 4052, 4057 161, 164 

Publication of, 4053 162 

Record 

Board of education , how kept , 3984 71 

Approval of, 3984 71 

Public record, is, 3984 71 

Bonds , record of issue , 3992 80 

Educational institutions, of, 3762a 225 



OHIO SCHOOL LAWS. L? I 



Index. 



Relief. 

PAGE 

Board of education may afford to needy children, 4022-9 140 

Religion. 

School funds, religious sects shall have no control of, Art. 6, Sec. 2.. 5 

•Reports. 

Board of education, financial and statistical, 4052, 4057, 4058 161, 164 

City board of examiners, to state school commissioner, 4084 178 

Appointment of, report, 4077 175 

City districts, publication of reports, 4059 164 

Cleveland library, board of, report, 4002-8 94 

Clerk of board of education, of, 4052, 4057, 4058 161, 164 

Enumeration, report of, to auditor, 4035 155 

Failure to make, other person to be appointed, 4060 165 

Financial, publication of, 4053 162 

Penalty for failure to make, 4061, 4062 165 

Teachers' report to be filed with, before order is drawn for pay 

of, 4051 161 

Colleges, report of, 363 u 

Copies of all reports may be required by the state commissioner, 358. . 10 

County auditor, to state commissioner, 4060 165 

Enumeration returned by, to state commissioner, 4039 157 

Penalty for not making, or for making fraudulent reports, 

4041, 4061, 4063 157, 165, 166 

Report of clerk to, failure to make, auditor may appoint other 

person , 4062 '. 165 

County board of examiners, clerk of, to make, 4070, 4072, 4076. .169, 171, 174 

Dayton public library board, to report to board of education, 4002-38 104 

Enumeration return by clerk to auditor, 4035 155 

County auditor to state commissioner, 4039 157 

Original surveyed township, by auditor, 4037 156 

Examiner of school funds, report of, 365 12 

Libraries in certain cities and villages, report of, 4002-43 106 

Ohio State University, report of teachers, 4105-42 204 

Board of claims, report of, 4105-53 206 

Portsmouth library committee, report of, 4005 108 

Private schools, report required, 363 11 

Probate judge, appointment of school examiners, 4069 168 

State commissioner of common schools, report of, 361, 362 10, 11 

Superintendent of schools of, 4059 164 

Teachers, report of, 4022-6, 4059 138, 164 

Report must be filed with clerk before order is drawn for pay of,, 

4051 • 161 

Toledo library , report as to , 4002-29 101 

Treasurer of board of education, to auditor, 4044 159 

Truant officer, reports of, 4022-5, 4022-9, 4022-10 137, 140 

Penalty for failure to make, 4022-11 141 

Visitors to certain endowed schools, to report, 4105-72 212 

Wilberforce University, report of trustees, 4105-63 209 



282 OHIO SCHOOL. LAWS. 



Index. 



Representative. (See General Assembly.) 

Returns. (See Elections, Reports.) 

Revocation. (See Certificate.) 

PAGE 
Rules and Regulations. 

Board of education , 3985 72 

County board of examiners, for, 4070 169 

Libraries, made by board of education, for, 3998-10 85 

Cincinnati library, for, 3999a v- ■' 87 

City and village districts, for, 4002-41 105 

Cleveland library, for, 4002-10 94 

Portsmouth library, for, 4005 108 

Toledo library, for, 4002-28 101 

Teachers' pension fund, for, 3897* •. '..... 28 

Vaccination , rules for , 3986 "3 

S 

Sale. 

Board of education , sale of property by , 3971 64 

Text books, sale of, 4020-10-4020-14 , -. • 128-129 

Salt and Swamp Lands. 

Proceeds of sale of, how applied, 3952, 3952-1 50 

Sr.larics. (See Compensation.) 

Ivlay be increased, but not diminished, 4017. 121 

Scholarships. 

Stock of colleges, etc., may be changed into, 3730 214 

Schools. . 

Admission of non-residents, by agreement of boards, 4022.... 133 

Children's homes , school at , 4010 118 

Closing of , on holidays , 4015 121 

During session of teachers' institute, 4091 182 

Continued , must be , how long , 4007 112 

Conveyance of pupils, to, 3922, 3934. 37, 43 

Deaf children, schools for, 3901 (Sec. 1-7) 29,30 

Dismissal of, on holidays, 4015 ' 121 

Teachers , to attend institute , 4091 182 

Examination of schools', by city boards of examiners, 4078 176 

Evening schools, 4012, 4012a 119 

Free to whom , 4013 , 119 

German language , in , 4021 133 

Graduating examinations for high school attendance, 4029-1 151 

High schools, 4007-2-4009-15 113-117 

Teachers' certificate in, 4074 172 

Infirmary, schools at, 4010 118 

Janitor of, 4017 • 121 

Number of, required, 4007 112 

Orphans' asylum , schools at , 4010 118 

Physical training in, 4020-17 131 



OHIO SCHOOL LAWS. 283 



Index. 



Schools — Concluded. 

PAGE 

Private schools, report of, 363 11 

Pupils, admission of, etc., 4013 119 

Attendance enforced, 4022-1 134 

Non-resident, attendance of, 4013, 4022, 4022a 119, 133 

Scientific temperance , instruction , in , 4020-23 132 

State commissioner of common schools, as to, 354-3G6 9-13 

Studies, 4007-1, 4007-2 112, 113 

Text books, in, 4020-10-4020-14 128-129 

Zanesville charity school, 4011 119 

School Books. (See Text Books.) 

School Book Commission. 

Membership of, 4020-11 128 

Price of text books, maximum, fixed by, 4020-11 128 

Publishers, failure to furnish books, action by commission, 4020-13.. 129 

School Districts. (See City, Village, Special and Township.) 

Classification of, 3885 17 

Territory, transfer of, 3894, 3895 '. 19, 20 

School Funds. (See Funds.) 

School Houses. 

Advertising by board of education for bids for building, etc., 3988.. 77 

Appropriation of land for, 3990 78 

Boards of education , to provide , 3987 76 

Directions for bidding for and letting contracts, 3988 77 

Bonds for, 3992, 3994 • 80, 81 

Building, repairing, etc., 3987 76 

Contracts, directions for bidding and letting, 3988 77 

Entertainments, use of school house for, 3987-1 77 

Exempt from taxation and execution, 3973 67 

' Flag, display of, 3986-1 .73 

Taxation, exempt from, 3973 67 

Tax levy for, when and how submitted to voters, 3991 79 

Bonds of, 3992 80 

Certificate of levy , to county auditor, 3993 80- 

School Rooms. 

Renting of by boards of education, 3987 76 

Schools Specially Endowed. 

Provisions relating to , 4105-67-4105-73 210-212 

Scientific Temperance. 

Board of education, to require instruction, in, 4020-23 132 

Educational institutions, required to teach, 4020-23 132 



'2Si OHIO SCHOOL LAWS. 



Index. 



Scientific Temperance — Concluded. 

PAGE 

Normal schools, instruction in, at, 4020-24 132 

Penalty for non-enforcement, 4020-25 132 

Regular branch of study, to be, 4020-23 132 

State commissioner of common schools, duties as to, 4020-24 132 

Teachers' certificates, not granted without examination in, 4020-24... 132 

Institute, instruction at, 4020-24 132 

Secretary of State. 

Educational institutions, articles of incorporation filed with sec- 
retary, 3726, 3762a . 213, 225 

Fees of, 3762a 225 

School book commission, is a member of, 4020-11 128 

State commissioner of common schools, bond of, to be filed with, 

355 9 

-Section Sixteen. 

Enumeratin of youth , in , 4030 154 

Funds derived from, investment of, 3953, 3954 50, 51 

Senator. (See General Assembly.) 

Session. 

Schools of, length of time, 4007 . 112 

Settlement. 

Treasurer of district, with county auditor, 4044, 4045 159 

Sinking Fund. 

Board of education shall establish, when, 3970-1 60 

Board of commissioners of, 3970-1 60 

Investment of, 3970-2 61 

Orders on . how drawn , 3970-4 61 

Refunding debt, 3970-3 61 

Report by clerk of, 3970-4 61 

Securities may be sold, 3970-2 61 

Sites. 

Board of education to furnish , 3987 „ 76 

Bonds for, 3992, 3994 80, 81 

Solicitor. (See City Solicitor.) 

Special Districts. 

Abandoned , how , 3935 '. 43 

Board of education , membership of, 3930 42 

Election of, 3930 42 

Organization of , 3933". 43 

Terms of members , 3930 42 



OHIO SCHOOL LAWS. 285- 



Index. 



Special Districts — Concluded. 

PAGE 

Classification of, 3885, 3891 17, 19- 

Clerk of board of education, election of, 3933 43- 

Compulsory attendance in , 4022-1-4022-14 134-142 

Conveyance of pupils, 3934 43 

Continuance of district, 3935. 43 

Created by act of general assembly, legalized, 3928 40 

Defined, 3891 19 

Election in, how conducted, 3931 42 

In new district, 3932 , 42' 

On abandonment , 3935 43 

Established by petition, 3928, 3929 40, 41 

Funds, division of on creation of, 3929. 41 

Officers of, continued in office, 3928 40 

President, election of, 3933 43. 

Tax levy, maximum for, 3959 54 

Territory transferred from one district to another, 3894, 3895 19,20' 

Treasurer, election of, 4042 157 

Tuition, payment of under "Patterson law," 4029-3 152: 

Special Meetings. 

Boards of education, of, 3978 69' 

Notice necessary, 3978 69' 

State Board of Examiners. 

Appointment of, 4065 167 

Certificates issued by, 4066 167 

Compensation of members, 4068. 168 

Examination fees, disposition of, 4068 168 

Term of members , 4065 167 

Vacancies in, how filled, 4065 167 

State Commissioner of Common Schools. 

Appeal to, by applicants for teachers' certificate, 4085 178 

Board of examiners, report of appointment of members of, to 4069, . 

4077 168, 175 

Report of board, to, 4076, 4084 174, 178 

Bond of, 355 9 

Books and papers , preservation of, 356 9 

City districts, may sub-divide when board fails to act, 3897 22 

Colleges, reports of, to, 363 11 

County auditor, reports of, to, 4039, 4060 157,165 

Duties. 

Attendance of, at office, required, 356 9 

Certificate to county auditor for receipt of reports, 4064 166 

Examination questions, uniform system prescribed, duties as to, 

4071a 170 

Forms prepared, and furnished, by, 359, 360, 4058 10, 164 

Laws, preparation and distribution of, 360 ,. 10- 



286 OHIO SCHOOL LAWS. 



Index. 



State Commissioner of Common Schools — Concluded. 

PAGE 

School funds, investigation of, duties as to, 364 11 

Scientific temperance instruction, duty as to, 4020-23 — 4020-25.. 132 

Visitations by, 357 10 

Election of, 354 9 

Enumeration return to , 4039 157 

Action by, when enumeration excessive, 4040 157 

Forms for blank books, report blanks, etc., prepared by, 359, 360, 

4058 10 , 164 

High schools, shall classify, 4007-6 114 

Office of, where located, 356 9 

Report of, publication, contents, 362 11 

Copies of all reports of school officers and any other information 

may be required by the commissioner, 358, 4058 10, 164 

School book commission, is a member of, 4020-11 128 

School funds, supervision over, 358, 364 10,11 

State board of examiners, appointment of members, by, 4065 167 

State certificates, countersigned by, 4067 168 

Superintendent or teacher, commissioner shall not be, 356 9 

Teachers' institute, report of, to, 4086, 4088, 4094 180, 181, 183 

Commissioner may hold institute, when, 4090 181 

Term of, 354 9 

Text books, filed at office of, 4020-10 128 

Notice to boards of education, 4020-12 129 

Price, maximum, fixing of, 4020-11 128 

Publishers' list price, filing of, 4020-10 128 

Notification to, 4020-11 128 

Vacancy in office, of, how filled, 354 9 

State Common School Fund. (See Funds.) 

State Certificate. (See Certificate.) 

State School Book Commission. (See School Book Commission.? 

State Treasurer. 

Bond of state commissioner of common schools, to be filed with, 355. . 9 

Statistics. 

Report of, 4052, 4057, 4058, 4059, 4060 161, 164, 165 

Statutes. 

Interpretation of 7 

Stockholder. 

Educational institutions, assessments of, 3753-3756 223, 224 



Studies. (See Branches of Study.) 



OHIO SCHOOL LAWS. 287 



Index. 



Sub-districts. (See Director.) 

PAGE 

City districts, certain cities shall be sub-divided, 3897 22 

Redistricting, 3897 22 

State school commissioner to act when board fails, 3897 22 

Township districts, election of director, powers and duties, 3921a.. 36 

Enumeration taken by director, 3921a 36 

Existing sub-districts recognized for school attendance, 3921 36 

Change of, 3921 36 

Summons. 

Board of education, summons for, 3976 68 

Superintendent of Buiidings. 

Appointment of by board of education, 4017 121 

Superintendent of Schools. 

Appointment of, 4017, 4017a 121, 126 

Board of education, elected by, 4017, 4017a 121,126 

City boards of examiners, to give information to, 4078 176 

Compensation of fixed by board of education, 4017 121 

Duties of, 4017a 126 

Employment of, 4017, 4017a 121, 126 

Order for pay of, when illegal, 4051 . 161 

Penalty for failure to enforce temperance instruction law, 4020-25.. 132 

Private teacher, is judge of qualifications of, 4022-1, 4022-3 134, 136 

Pupils may be excused from attendance by, 4022-1 134 

Suspension of, by, 4014 120 

Reports required of, 4052, 4057-4059 161, 164 

Teacher, shall appoint in city districts, 4017a 126 

Suspension of, by, 4017a '. 126 

Term of, maximum, 4017, 4017a...., 121, 126 

Truant officer, directions to, by superintendent, 4022-5, 4022-7 137, 138 

Report of, to superintendent, 4022-5 137 



Suspension. 

Director in city districts , may be , 4017 121 

Pupils may be suspended from schools, 4014 120 

Schools may be suspended in sub-districts, when, 3922 . . 37 

Discontinued in sub-districts , when , 3927-2 38 

Schools specially endowed, suspension of trustees of, 4105-68......... 210 

Teacher may be, by superintendent in city districts, 4017a 126 



Swamp Lands. 

Interest upon proceeds of sale of, disposition of, 3952, 3952-1 50 



288 OHIO SCHOOL LAWS. 



Index. 



Tax. 



PAGE 

Board of education, regular tax levy, by, 3958 52 

Certificate of, to county auditor, 3960 . . . ., 54 

Maximum levy by, authorized, 3959 54 

Special levy by, election for, 3993 80 

Cleveland, for library purposes, how expended, 4002 92 

Library property in, exempt from, 4002-5 94 

Manual training school, tax for, 4020-18 131 

Sinking fund for library board, 4002-16 96 

Compulsory education law, tax authorized, when, 4022-13 142 

Dayton, for library purposes, 4002-35, 4002-36 103 

Election on question of special levy, 3959, 3991 54, 79 

High schools, township districts, tax for, 4009-2 116- 

Township or joint township high school, election on question of 

levy for, 4009-15 117 

Election not necessary, when, 4009-15 117 

Library, levy for in certain cities and villages, 4002-39 — 4002-45.... 105-106 
City districts, second class, fourth grade, tax for, 4002—46 — 4002— 

49 107-108 

Maximum levy for all districts, 3959 54 

Ohio State University, tax for, 3951 46 

Ohio State University, lands of, on 4105-4, 4105-6, 4105-7 ...192, 193 

Portsmouth , tax for library, 4006 108 

Property of board of education, exempt from, 3973 67 

School property, exempt from taxation, Art. 12, Sec. 2, 3973 6, 67 

School tax paid by non-residents to be credited on tuition, 4013.... 119 

Special levy, election on question of, 3991 79 

Certificate of, to county auditor, 3993 80- 

State school tax, 3951 46 

Tax levy, maximum for schools, 3959 54 

Estimate for, certified to county auditor, 3960 54 

Levy to exceed maximum, must be submitted to vote, 3959 54 

Universities of municipalities, for, 4104 191 



Teachers. 



Appointment of, 4017, 4017o r 121,126 

Certificate granting of, 4066, 4073, 4081 167, 171, 177 

Branches of study necessary, 4020-24, 4074, 4078 132, 172, 176 

Elementary , 4074 172 

Fee required for, 4068, 4071 168, 170 

High school, 4074 172 

Original or copy must be filed with the clerk of the board of edu- 
cation , 4051 161 

Prerequisite to employment of, 4051 , 4074 161 , 172 

Revocation of, 4067, 4073, 4081 168, 171, 177 

Special , 4074 172 

Compensation of, how fixed, 4017 121 

Dismissal of, 4009-1, 4017, 4017a 116, 121, 126 

For insufficient cause, may institute suit, 4019 127 



OHIO SCHOOL LAWS. 289 



Index. 



Teachers — Concluded. 

PAGE 

Duties of, 4018 '. 127 

Elementary schools, certificates for, 4074 172 

Employed as, who may be, 4074 172 

Epidemic, shall receive pay when schools are closed on account of, 

4017 121 

Examination of, for certificates, 4071, 4071a, 4073,, 4074, 4078, 4080, 

4081 170, 171, 172, 176, 177 

Forms relating to 233-246 

High schools in townships, teachers in, 4009-1 116 

Certificates for, what required, 4074 172 

Holidays, may dismiss schools on, 4015 121 

Institute, may organize, 4086, 4092 180, 182 

Schools may be dismissed for teachers to attend, 4091 182 

Teachers shall receive pay for attendance, 4091.. 182 

Investigation of, by county examiners, 4073 171 

Janitor work not required of, 4018 :.:-. 127 

Order for pay of, when illegal, 4051 161 

Pension fund. (See pension fund for teachers.) 

Qualifications for employment in schools, 4020-24, 4074 132, 172 

Report of schools, required by, 4022-6, 4051, 4059 138, 161, 164 

Salary, minimum of, and length of term 124 

Scientific temperance, must be examined in, 4020-24 132 

State commissioner of common schools, duties as to, 357, 4085 10, 178 

Suspension of pupils by, 4014 120 

Term of appointment, maximum, 4017, 4017a 121, 126 

Teachers' Institute. 

Bond of executive committee, 4086... .. . 180 

Forfeiture of bond, 4089 181 

City districts, institutes for, 4092. t . 182 

Funds for, how provided, 4072, 4084 171, 178 

County auditor to pay to executive committee, 4087. ; . '181 

Unexpended balance to be returned to county treasury, 4087. ...... 181 

Organization of, 4086 . . . .• 180 

Purpose of, 4086 .;;.... 180 

Report of state commissioner of common schools, 4088, 4094 181, 183 

% Penalty for failure to report, 4088 181 

Scientific temperance, instruction in, required, 4020-25 132 

Sessions, length of, 4094 183 

State commissioner of common schools, to visit, 357 10 

May hold institute, when, 4090 181 

Teachers may dismiss school to attend, 4091 182 

Shall receive pay for attendance , 4091 182 

Temperance. (See Scientific Temperance.) 

Territory. 

Annexed for school purposes , 3893 19 

Detached for school purposes, 3886, 3888, 3890 17, 18 

Transfer of, 3894, 3895 19, 20 

19* o. s. L. 



290 OHIO SCHOOL LAWS. 



Index. 



Text Books. 

PAGE 

Adoption of by boards of education, 4020-14 129 

Board of education, may appoint agent for sale of, 4020-14 129 

Failure of publishers to furnish, action taken by board, 4020-13.. 129 

Notice to, of publishers entitled to sell books, 4020-12 129 

Purchase and sale of, by, 4020-14 129 

Exchange of, with pupils, 4020-14 129 

Failure of publishers to furnish, action to be taken by commission, 

4020--13 129 

Filing of, in office of state school commissioner, 4020-10 128 

Free school books , 4026 150 

Notice to publishers, 4020-11 128 

Price of, how fixed, 4020-11 128 

Publishers' price, filling of, 4020-10 128 

School Book Commission, how constituted, duties, 4020-11, 4020-13. ..128, 129 

Thanksgiving Day. 

Dismissal of schools, on, 4015 121 



Tie Vote. 



Election of member of board of education, tie vote decided by lot, 

3970-10 63 

Toledo. 

Library. 

Access to, free to residents of city, 4002-28 ■ 101 

Board of trustees, 4002-21 98 

Bonds, for library, 4002-23, 4002-24, 4002-27 ...98, 99, 100 

Donations, trustees may accept, 4002-31. . 101 

Establishment of, tax for, 4002-19 97 

Establishment of, tax for, 4002-19 97 

Librarian and assistants, employment of, 4002-23 98 

Management of, 4002-21 98 

Organization of board, powers, duties, 4002-23 98 

Penalty for injuring library property, 4002-30 101 

Report of trustees, 4002-29 101 

Site for library, how acquired, 4002-25—4002-26 1M 

Transfer of property from board of education to library board, 

4002-22 98 

University of Toledo, provisions applying to, 4095-4105 186-191 

Toledo University. 

Provisions applying to, 4095-4105 186-191 

Township Districts. 

Attached territory, assignment of, 3916 35 

Electors in, voting of, 3916 35 



OHIO SCHOOL LAWS. 



291 



Index. 



Township Districts — Concluded. 

PAGE 

Board of education, election of, 3915, 3970-10 34, 63 

Meetings of, 3920 35 

Special meetings, how called, 3978 

Membership of, 3915 34 

Organization of , 3920 35 

Centralization of, 3922, 3927-2 37, 38 

Classification of, 3885, 3890 17, 18 

Clerk of. (See clerk of board of education.) 

Commencements, held in , 4029-1 1°1 

Expenses of , how paid , 4029-2 152 

Compulsory attendance, in, 4022-1—4022-14 134-142 

Contingent fund, apportionment to, 3964, 3966 55, 56 

Defined, 3890 l g 

Director, election of, 3921a 36 

Enumeration taken by, 3921a 36 

Powers and duties of, 3921a 36 

Forms relating to 233-246 

High schools in, 4009, 4009-1, 4099-2, 4009-15 115, 116, 117 

Joint sub-districts abolished, 3923 37 

Attached to township district, 3923 37 

Map of, filed with county auditor, 3923 

Map of. 3921 32 

Sub-districts recognized for school attendance, 3921 36 

Discontinued, when, 3922, 3927-2 37,38 

Number of schools required in, 4007 112 

Schools of, continued same length of time, 4007 112 

Tax levy authorized , maximum , 3959 54 

Teacher, election of, in, 4017, 4017a 121, 126 

Territory transferred, how, 3894, 3895 .... 19,20 

Treasurer of. (See treasurer of board of education.) 

Tuition, payment of to high school, 4022, 4029-3 133, 152 

Township Treasurer. (See Treasurer of Board of Education.) 

Board of education , is ex-officio treasurer of , 4042 157 

Township Trustees. 

Corpse, surrender of by, for dissection, 3763 227 

Relief of indigent children, to secure school attendance, 4022-9 140 

Vaccination of pupils , duties as to , 3986 73 

Transfer. 

Pupils of. from one district to another, 4022 133 

Assignment of, 4013 119 

When pupil lives more than one and one-half miles from 

school, 4022a I 33 

Territory from one district to another, 3894. 3895 19, 20 

Form for 239 



292 OHIO SCHOOL LAWS. 



Index. 



Transportation. 

PAGE 

Centralized townships, of pupils in, 3927-2 38 

Special districts, of pupils in, 3934 43 

Sub-districts , of pupils in , 3922 37 

Traveling Expenses. 

Examiner of school funds , of , 365 12 

State examiners, of, 4068 168 

Treasurer of Board of Education. 

Accounts of, how kept, 4055 162 

Bond of, execution of, 4043 158 

Copy of, to be filed with county auditor, 4043 158 

Funds must be produced and counted, on filing of bond, 4043.... 158 

New bond may be required, 4043 158 

Release of surety, on, 4043 158 

Compensation of , 4056 162 

Disbursements by, 4047 160 

Election of, 4042 157 

Forms relating to 233-246 

Funds, amount treasurer may hold, 4048 160 

Orders on , how drawn , 4047 160 

Receipt of moneys, by, 3960, 4047 54, 160 

School district, treasurer of, how selected, 4042 157 

Settlement with county auditor, 4044 159 

Penalty for failure to make , 4045 159 

Successor, delivery of property to, 4049 160 

Teachers' institute in city districts, funds of, to be paid to county. 

treasurer , when , 4092 182 

Term of, 4042 157 

Treasurer of County. (See County Treasurer.) 

Trial. 

Blind children, hearing to determime advisability of sending to state 

institution, for, 4022-10 140 

Trial — Concluded. 

Deaf and dumb children, hearing to determine advisability of send- 
ing to state institution , for , 4022-10 140 

Juvenile disorderly persons, proceedings against, 4022-8 139 

Parents, proceedings against for failure to compel children's attend- 
ance at school , 4022-7 138 

Teacher, trial of, by county examiners, 4073, 4081 171, 177 

Truant. 

Forms relating to truancy 243-246 

Juvenile disorderly person, truant is, 4022-4 136 

Penalties, 4022-8,. 4022-12 138, 142 

Proceedings against, 4022-7, 4022-8 138, 139 

Report, by principal and teachers, 4022-6 138 



OHIO SCHOOL LAWS. 293 



Index. 



Truant Officer. 

PAGE 

Complaint by, against child, 4022-8 139 

Deaf, dumb and blind children, report of, 4022-10 140 

Forms relating to duties of 243-246 

Notice to parents, 4022-7 138 

Parent, warning to, by, 4022-7 138 

Penalty, for neglect of duty, 4022-11, 4022-12 141, 142 

Powers and duties , 4022-5 137 

Relief of indigent child, report of, 4022-9 '. 140 

Report to, by principals and teachers, 4022-6 138 

Trustees. (See Township Trustees.) 

Universities of municipalities, trustee of property of, 4097 187 

Educational institutions, trustees of, 3726-3771a 213-230 

Ohio State University, of, 4105-10-4105-48 .194-205 

Schools specially endowed, trustees of, 4105-67-4105-73 210-212. 

Toledo public library, of, 4002-21-4002-31 98-101 

Wilberforce University, of, 4105-54-4105-65 206-209 



Tuition. 



Free, when, 4013 119 

Non-residents, entitled to credit of school tax paid within the dis- 
trict, 4013 119 

Payment of, by agreement between the boards of education, 4022.... 133 

For "Patterson" graduates, 4029-3 -152 

Pupils residing more than one and one-half miles from school, pay- 
ment of, 4022a. .'■ 133 



United States Military District. 

Enumeration of youth in, 4030 154 

Funds derived from sale of lands in, disposition of, 3953, 3954 50, 51 

University. (See Colleges and Universities.) 
University of Cincinnati. 



Admission to, regulated, 4100 

Bequests , may accept , 4095 

Board of directors, appointment of, 4098-1. 

Powers and duties of, 4099 

Vacancies in, how filled, 4098-1 

Degrees, when conferred, 4102 

Funds, application of, 4096 

Acounts of, how kept, 4101 

Site and grounds , 4103 

Tax for, how levied, 4104 



89 



90 
86 
89 

90 
91 



University of Toledo. (See Toledo University.) 



294 OHIO SCHOOL LAWS. 



Index. 



V 

Vacancy. 

PAGE 

Board of education in, how filled, 3981 69 

Cincinnati library trustees, vacancy in, 3999 86 

City board of examiners , in ,• 4077 175 

County board of examiners, how filled, 4069 168 

Director in township districts, how filled, 3921a 36 

Educational institutions, in board of trustees, how filled, 3733 215 

Ohio State University, in board of trustees, how filled, 4105-38 203 

Schools specially endowed, board of trustees of, 4105-68 210 

State board of examiners, how filled, 4065 167 

State commissioner of common schools, in office of, 354 9 

Toledo library board, how filled, 4002-21 98 

Wilberforce University, in board of trustees, 4105-57 207 

Vaccination. 

Free in certain cases , 3986 73 

Rules in regard to in schools, 3986 73 

Village Districts. 

Abandonment of, 3889 18 

Advancement to, 3889 ' 18 

Attached territory, assignment of, 3910. . . 33 

Electors , voting in , 3910 33 

Board of education, election of, 3908, 3909, 3970-10 32, 63 

Meetings of, 3911 33 

Membership of, 3908, 3909 32 

Organization of, 3911 33 

Classification of, 3885, 3888 ' 17 

Clerk of. (See clerk of board of education.) 

Compulsory attendance in, 4022-1-4022-14 134-142 

Defined, 3888 17 

Election in newly created village, 3909 32 

Libraries, may be established in, 3998-6, 4002-39-4002-45 84, 105-106 

Tax levy for , maximum , 3959 54 

Transfer of territory, 3894, 3895 19, 20 

Treasurer of. (See treasurer of board of education.) 

Village shall become village district, 3888 17 

'Virginia Military District. 

Accepting certain lands in, ceded to Ohio by the United States, 4105— 

19-4105-25 196-199 

Copies of entries and surveys to be made in certain counties in 

4105-48 205 

Damage to lands in, 4105-20 196 

Deed for lands in, 4105-48 205 

Division and appraisal of lands in, 4105-22 197 

Enumeration of youth in, 4030 154 



OHIO SCHOOL LAWS. 295 

Index. 

Virginia Military District — Concluded. 

PAGE 

Relief for money wrongfully paid, for, 4105-50 206 

Sale of lands, 4105-23 198 

Title to lands, where vested, 4105-21 196 

Visitors. (See Board of Visitors.) 

Vouchers. (See Order.) 

W 

Wages. (See Compensation.) 

Washington's Birthday. 

Dismissal of schools , on , 4015 121 

Week. 

School week, length of, 4016 121 

Wilberforce University. 

Normal and industrial department of, 4105-54 206 

Admission to, free, of appointee of member of general assembly, 

4105-64 209 

Appropriation for, 4105-62, 4105-65, 4105-66 208, 209 

Board of trustees, appointment of, 4105-55, 4105-56, 4105-58 207 

Expenses of, 4105-59 208 

Meetings of, 4105-59 208 

Powers and duties of, 4105-60 208 

Report of, 4105-63 209 

Vacancies in , how filled , 4105-57 207 

Bond of treasurer, 4105-62 208 

Funds of, 4105-62 : 208 

Non-sectarian department , 4105-61 208 

Tax levy for, 4105-65 ( 209 

Woman. 

Registration of, 3970-12 64 

Vote for school officers, entitled to, 3970-12 64 



Y 

Year. 

Annual enumeration, 4030 154 

School year , length of, 4016 121 

Time schools must be continued in year, 4007 112 

Yeas and Nays. 

Board of education, yea and nay vote of, must be taken in certain 

cases, 3982 , 7Q 



296 OHIO SCHOOL LAWS. 



Index. 



Youth. 



PAGE 

Assignment of, to schools, by board of education, 4013 119 

Attendance at school, free, when, 4013...; 119 

Attendance of, enforced . 4022-1-4022-14 134-142 

Enumeration of, 4030-4041. ; 154-157 

Employment of, unlawful, when, 4022-2 ,* 4022-3 135, 136 

Non-residents, can attend school, under what conditions, 4013, 4022, 

4022a, 4029-1—4029-4. 119, 133, 151-153 



.Zanesville. 

Charity school at, children may be sent to, when, 4011..... 119 



